Conn. Gen. Stat. § 54-211a — Connecticut Code / Title 54 / Chapter 968 / Section 54-211a
Sec. 54-211a. Appeal.
Status: in_force

Appeal from decision of commissioner pursuant to section constitutes a civil action; plaintiff's service of process on defendant within 30 days of mailing of notice of commissioner's decision satisfies requirements of section. 319 C. 697.

Court lacked subject matter jurisdiction to hear administrative appeal and lacked authority to enter order to pay plaintiff's medical expenses where plaintiff failed to comply strictly with provisions of section and did not take appeal until approximately 210 days after receiving notice of commissioner's decision. 61 CA 151.
Conn. Gen. Stat. § 54-257 — Connecticut Code / Title 54 / Chapter 969 / Section 54-257
Sec. 54-257. Registry. Suspension of registration. Verification of address. Retake of photographic image. Change of name.
Status: in_force

(b) The Department of Emergency Services and Public Protection may suspend the registration of any person registered under section 54-251 , 54-252 , 54-253 or 54-254 while such person is incarcerated, under civil commitment or residing outside this state. During the period that such registration is under suspension, the department is not required to verify the residence address of the registrant pursuant to subsection (c) of this section and may withdraw the registration information from public access. Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall reinstate the registration, redistribute the registration information in accordance with subsection (a) of this section and resume verifying the residence address of the registrant in accordance with subsection (c) of this section. Suspension of registration shall not affect the date of expiration of the registration obligation of the registrant under section 54-251 , 54-252 or 54-253 .

(c) Except as provided in subsection (b) of this section, the Department of Emergency Services and Public Protection shall verify the residence address of each registrant by mailing a nonforwardable verification form to the registrant at the registrant's last reported residence address. Such form shall require the registrant to sign a statement that the registrant continues to reside at the registrant's last reported residence address and return the form by mail, facsimile or electronic mail by a date which is ten days after the date such form was mailed to the registrant. The form shall contain a statement that failure to return the form or providing false information is a violation of section 54-251 , 54-252 , 54-253 or 54-254 , as the case may be. In the case of a registrant who resides at a residence address for which there is no residential mail delivery, the local police department or the state police troop having jurisdiction where the registrant resides shall verify in person such registrant's residence address. Each person required to register under section 54-251 , 54-252 , 54-253 or 54-254 shall have such person's residence address verified in such manner every ninety days after such person's initial registration date. In the event that a registrant fails to return the residence address verification form, the Department of Emergency Services and Public Protection shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported residence address, and that agency shall apply for a warrant to be issued for the registrant's arrest under section 54-251 , 54-252 , 54-253 or 54-254 , as the case may be. The Department of Emergency Services and Public Protection shall not verify the address of registrants whose last reported residence address was outside this state.

(d) The Department of Emergency Services and Public Protection shall include in the registry the most recent photographic image of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department and shall retake the photographic image of each registrant at least once every five years.

(e) Whenever the Commissioner of Emergency Services and Public Protection receives notice from a superior court pursuant to section 52-11 or a probate court pursuant to section 45a-99 that such court has ordered the change of name of a person, and the department determines that such person is listed in the registry, the department shall revise such person's registration information accordingly.

(f) The Commissioner of Emergency Services and Public Protection shall develop a protocol for the notification of other state agencies, the Judicial Department and local police departments whenever a person listed in the registry changes such person's name and notifies the commissioner of the new name pursuant to section 54-251 , 54-252 , 54-253 or 54-254 or whenever the commissioner determines pursuant to subsection (e) of this section that a person listed in the registry has changed such person's name.

Because statute imposes strict liability, actual notice to defendant and mens rea are not elements of the offense, and therefore trial court's instructions were not constitutionally deficient. 286 C. 191.
Conn. Gen. Stat. § 54-63d — Connecticut Code / Title 54 / Chapter 960 / Section 54-63d
Sec. 54-63d. Release by bail commissioner or intake, assessment and referral specialist. Information, files and reports held by Court Support Services Division.
Status: in_force

(b) No person shall be released upon the execution of a written promise to appear or the execution of a bond without surety if the person is charged with the commission of a family violence crime, as defined in section 46b-38a , and in the commission of such crime the person used or threatened the use of a firearm.

(c) In addition to or in conjunction with any of the conditions enumerated in subdivisions (1) to (4), inclusive, of subsection (a) of this section, the bail commissioner or intake, assessment and referral specialist may impose nonfinancial conditions of release, which may require that the arrested person do any of the following: (1) Remain under the supervision of a designated person or organization; (2) comply with specified restrictions on the person's travel, association or place of abode; (3) not engage in specified activities, including the use or possession of a dangerous weapon, or the unlawful use or possession of an intoxicant or controlled substance; (4) not use classes of intoxicants or controlled substances, if such bail commissioner makes a finding that use of such classes of intoxicants or controlled substances would pose a danger to the arrested person or to the public and includes individualized reasons supporting such finding. Such finding shall not consider any prior arrests or convictions for use or possession of cannabis; (5) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; or (6) satisfy any other condition that is reasonably necessary to ensure the appearance of the person in court. Any of the conditions imposed under subsection (a) of this section and this subsection by the bail commissioner or intake, assessment and referral specialist shall be effective until the appearance of such person in court.

(d) The police department shall promptly comply with the order of release of the bail commissioner or intake, assessment and referral specialist, except that if the department objects to the order or any of its conditions, the department shall promptly so advise a state's attorney or assistant state's attorney, the bail commissioner or intake, assessment and referral specialist and the arrested person. The state's attorney or assistant state's attorney may authorize the police department to delay release, until a hearing can be had before the court then sitting for the geographical area which includes the municipality in which the arrested person is being detained or, if the court is not then sitting, until the next sitting of said court. When cash bail in excess of ten thousand dollars is received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the police department shall prepare a report that contains (1) the name, address and taxpayer identification number of the accused person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (3) the amount of cash received, and (4) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the police department shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the alleged offense was committed and to each person offering the cash bail.

(e) Except as provided in subsections (f) and (g) of this section, all information provided to the Court Support Services Division shall be for the sole purpose of determining and recommending the conditions of release, and shall otherwise be confidential and retained in the files of the Court Support Services Division, and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(f) The Court Support Services Division shall establish written procedures for the release of information contained in reports and files of the Court Support Services Division, such procedures to be approved by the Chief Court Administrator, or the Chief Court Administrator's designee. Such procedures shall allow access to (1) nonidentifying information by qualified persons for purposes of research related to the administration of criminal justice; (2) all information provided to the Court Support Services Division by probation officers for the purposes of compiling presentence reports; and (3) all information provided to the Court Support Services Division concerning any person convicted of a crime and held in custody by the Department of Correction.

(g) Any files and reports held by the Court Support Services Division may be accessed and disclosed by employees of the division in accordance with policies and procedures adopted by the Chief Court Administrator.

See Secs. 53a-222, 53a-222a re criminal penalties for violation of certain conditions of release.
Conn. Gen. Stat. § 54-63c — Connecticut Code / Title 54 / Chapter 960 / Section 54-63c
Sec. 54-63c. Duties of law enforcement officer or probation officer serving warrant re arrested person. Interview and release of arrested person.
Status: in_force

(b) If the person is charged with the commission of a family violence crime, as defined in section 46b-38a , and the police officer does not intend to impose nonfinancial conditions of release pursuant to this subsection, the police officer shall, pursuant to the procedure set forth in subsection (a) of this section, promptly order the release of such person upon the execution of a written promise to appear or the posting of such bond as may be set by the police officer. If such person is not so released, the police officer shall make reasonable efforts to immediately contact a bail commissioner or an intake, assessment and referral specialist employed by the Judicial Branch to set the conditions of such person's release pursuant to section 54-63d . If, after making such reasonable efforts, the police officer is unable to contact a bail commissioner or an intake, assessment and referral specialist or contacts a bail commissioner or an intake, assessment and referral specialist but such bail commissioner or intake, assessment and referral specialist is unavailable to promptly perform such bail commissioner's or intake, assessment and referral specialist's duties pursuant to section 54-63d , the police officer shall, pursuant to the procedure set forth in subsection (a) of this section, order the release of such person upon the execution of a written promise to appear or the posting of such bond as may be set by the police officer and may impose nonfinancial conditions of release which may require that the arrested person do one or more of the following: (1) Avoid all contact with the alleged victim of the crime, (2) comply with specified restrictions on the person's travel, association or place of abode that are directly related to the protection of the alleged victim of the crime, or (3) not use or possess a dangerous weapon, intoxicant or controlled substance. Any such nonfinancial conditions of release shall be indicated on a form prescribed by the Judicial Branch and sworn to by the police officer. Such form shall articulate (A) the efforts that were made to contact a bail commissioner or an intake, assessment and referral specialist, (B) the specific factual basis relied upon by the police officer to impose the nonfinancial conditions of release, and (C) if the arrested person was non-English-speaking, that the services of a translation service or interpreter were used. A copy of that portion of the form that indicates the nonfinancial conditions of release shall immediately be provided to the arrested person. A copy of the entire form shall be provided to counsel for the arrested person at arraignment. Any nonfinancial conditions of release imposed pursuant to this subsection shall remain in effect until the arrested person is presented before the Superior Court pursuant to subsection (a) of section 54-1g . On such date, the court shall conduct a hearing pursuant to section 46b-38c at which the defendant is entitled to be heard with respect to the issuance of a protective order.

(c) Notwithstanding the provisions of chapter 14 and this chapter, the police officer shall provide to the bail commissioner or the intake assessment and referral specialist identifying information about the victim of the crime or crimes with which the arrested person is charged, including, but not limited to, the victim's name, address and phone number, if available, for the purpose of carrying out such bail commissioner's or intake assessment and referral specialist's duties.

(d) When cash bail in excess of ten thousand dollars is received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the police officer shall prepare a report that contains (1) the name, address and taxpayer identification number of the accused person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (3) the amount of cash received, and (4) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the police officer shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the alleged offense was committed and to each person offering the cash bail.

(e) No police officer or probation officer serving a violation of probation warrant shall set the terms and conditions of a person's release, set a bond for a person or release a person from custody under this section unless the police officer or probation officer has first checked the National Crime Information Center computerized index of criminal justice information to determine if such person is listed in such index.

(f) If the arrested person has not posted bail, the police officer or probation officer serving a violation of probation warrant shall immediately notify a bail commissioner or an intake, assessment and referral specialist.

(g) The chief, acting chief, superintendent of police, the Commissioner of Emergency Services and Public Protection, any captain or lieutenant of any local police department or the Division of State Police within the Department of Emergency Services and Public Protection or any person lawfully exercising the powers of any such officer may take a written promise to appear or a bond with or without surety from an arrested person as provided in subsection (a) of this section, or as fixed by the court or any judge thereof, may administer such oaths as are necessary in the taking of promises or bonds and shall file any report required under subsection (d) of this section.

See Sec. 54-1g re time for arraignment.

See Sec. 54-64c re notice of required appearance after release on bond or promise to appear.

See Sec. 54-69b re court's authority to modify conditions of release.

See Sec. 54-71a re lack of liability of bail commissioners, police department employees and others in action for damages on account of a person's release.

Exclusionary effects of Sec. 54-1c do not apply to violations of this section. 195 C. 505. Trial court may issue a criminal protective order at defendant's arraignment after consideration of oral argument and family violence intervention unit's report; trial court is required to hold, at defendant's request at arraignment, a subsequent hearing within a reasonable period of time at which the state will be required to prove the continued necessity of the order by a fair preponderance of the evidence, which may include reliable hearsay testimony, and defendant will have an opportunity to proffer relevant evidence; legislature did not intend for Subsec. (b) and Sec. 46b-38c to entitle defendant to an evidentiary hearing beyond consideration of parties' arguments and unit's report prior to the initial issuance of a criminal protective order at arraignment, which may occur within hours of the alleged incident of family violence. 294 C. 1.

Cited. 28 CS 313.
Conn. Gen. Stat. § 54-47a — Connecticut Code / Title 54 / Chapter 960 / Section 54-47a
Sec. 54-47a. Compelling testimony of witness. Immunity from prosecution.
Status: in_force

(b) Upon the issuance of the order such witness shall not be excused from testifying or from producing books, papers or other evidence in such case or proceeding on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. No such witness may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled to testify or produce evidence, and no testimony or evidence so compelled, and no evidence discovered as a result of or otherwise derived from testimony or evidence so compelled, may be used as evidence against him in any proceeding, except that no witness shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. Whenever evidence is objected to as inadmissible because it was discovered as a result of or otherwise derived from compelled testimony or evidence, the burden shall be upon the person offering the challenged evidence to establish a source independent of the compelled testimony or evidence.

Section to be used to secure testimony for prosecution; as there is no other statutory authority granting immunity, there is no basis for granting immunity to witness for the defense. 170 C. 206. Cited. 172 C. 542, 561. Assistant state's attorney has authority pursuant to this section, in conjunction with Sec. 51-278, to make applications for immunity grants. 174 C. 16. One who has been granted immunity is not incompetent witness, although fact of immunity may bear upon weight given testimony of witness granted immunity. Id., 287. Cited. 191 C. 670; 201 C. 559; 202 C. 541; 204 C. 259. Defendant lacks standing to challenge procedure by which a witness has been immunized. 206 C. 203. Cited. 207 C. 98; 213 C. 66; 221 C. 625. A grant of immunity pursuant to section includes both use immunity and transactional immunity. 298 C. 404.

Cited. 16 CA 679; 17 CA 395; 20 CA 447; 33 CA 521. In the absence of special circumstances, once the state grants immunity under section, it lacks the power to revoke that immunity. 168 CA 847; judgment affirmed, see 334 C. 431. Grant of immunity from prosecution for any perjury witness may commit while testifying is improper and in violation of public policy. 188 CA 813.

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-41j — Connecticut Code / Title 54 / Chapter 959a / Section 54-41j
Sec. 54-41j. Sealing, custody, storage and destruction of applications and orders.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 238 C. 692.
Conn. Gen. Stat. § 54-47aa — Connecticut Code / Title 54 / Chapter 960 / Section 54-47aa
Sec. 54-47aa. Ex parte order to compel disclosure of or direct application to carrier or provider for certain telephone and Internet records.
Status: in_force

(1) “Basic subscriber information” means: (A) Name, (B) address, (C) local and long distance telephone connection records or records of session times and durations, (D) length of service, including start date, and types of services utilized, (E) telephone or instrument number or other subscriber number or identity, including any assigned Internet protocol address, and (F) means and source of payment for such service, including any credit card or bank account number;

(2) “Call-identifying information” means dialing or signaling information that identifies the origin, direction, destination or termination of each communication generated or received by a subscriber or customer, excluding geo-location data, by means of any equipment, facility or service of a telecommunications carrier;

(3) “Cell site simulator device” means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations: (A) Identifying, locating or tracking the movements of a communications device, (B) intercepting, obtaining, accessing or forwarding the communications, stored data or metadata of a communications device, (C) affecting the hardware or software operations or functions of a communications device, (D) forcing transmissions from, or connections to, a communications device, (E) denying a communications device access to other communications devices, communications protocols or services, or (F) spoofing or simulating a communications device, cell tower, cell site or service. “Cell site simulator device” includes, but is not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. “Cell site simulator device” does not include any device used or installed by an electric distribution company, as defined in section 16-1 , solely to the extent that such device is used by the electric distribution company to measure electrical usage, to provide services to customers or to operate the electric grid;

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

(5) “Exigent circumstance” means an emergency involving danger of serious physical injury to or death of a person;

(6) “Geo-location data” means information concerning the location of an electronic device, including the real-time and historical location of the device, that, in whole or in part, is generated by, derived from or obtained by the operation of an electronic device, including, but not limited to, a cellular telephone surveillance device and a cell site simulator device;

(7) “Law enforcement official” means the Chief State's Attorney, a state's attorney, an inspector with the Division of Criminal Justice, a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection or a sworn member of an organized local police department;

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

(9) “Telecommunications carrier” means “telecommunications carrier” as defined in 47 USC 1001, as amended from time to time.

(b) A law enforcement official may apply for an ex parte order from a judge of the Superior Court to compel (1) a telecommunications carrier to disclose call-identifying information pertaining to a subscriber or customer, (2) a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to a subscriber or customer, or (3) a telecommunications carrier or a provider of electronic communication service or remote computing service to disclose the content of a subscriber's or customer's communications or geo-location data associated with a subscriber's or customer's call-identifying information. In the case of an application for an order to compel disclosure under subdivision (1) or (2) of this subsection, the judge shall grant such order if the law enforcement official swears under oath to a statement of a reasonable and articulable suspicion that a crime has been or is being committed and such call-identifying or basic subscriber information is relevant and material to an ongoing criminal investigation. In the case of an application for an order to compel disclosure under subdivision (3) of this subsection, if the judge makes a finding of probable cause to believe that a crime has been or is being committed and the content of such subscriber's or customer's communications or the geo-location data associated with such subscriber's or customer's call-identifying information is relevant and material to an ongoing criminal investigation, the judge shall grant such order authorizing the disclosure of such information, content or geo-location data. Any order entered pursuant to this subsection shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement official shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier. No order pursuant to this subsection shall authorize the disclosure of any such information, content or data for a period in excess of fourteen days.

(c) (1) Except as provided in subdivision (2) of this subsection, a law enforcement official shall not install or otherwise use a cell site simulator device to obtain geo-location data unless such official has obtained an order from a judge of the Superior Court, pursuant to this subsection, that permits such installation or use. A law enforcement official may apply for an ex parte order from a judge of the Superior Court allowing the installation and use of a cell site simulator device to obtain geo-location data. The judge shall grant such order if the law enforcement official swears in a statement under oath that there is probable cause to believe that a crime has been or is being committed and the geo-location data associated with a subscriber's or customer's call-identifying information is relevant and material to an ongoing criminal investigation, in which case such order shall authorize the installation or use of a cell site simulator device to obtain geo-location data. Any order entered pursuant to this subdivision shall state upon its face the case number assigned to such investigation, the date and time of issuance of the order and the name of the judge authorizing the order. The law enforcement official shall have any ex parte order issued pursuant to this subdivision signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier. No order issued pursuant to this subdivision shall authorize the installation of cell site simulator device to obtain geo-location data for a period in excess of fourteen days.

(2) A law enforcement official may install and use a cell site simulator device to obtain geo-location data without an ex parte order for a period of time not exceeding forty-eight hours when (A) facts exist upon which to base a belief that the geo-location data is relevant and material to an ongoing criminal investigation; (B) the law enforcement official believes that exigent circumstances exist; and (C) the facts support the law enforcement official's belief that exigent circumstances exist. If the law enforcement official seeks to install and use a cell site simulator device to obtain geo-location data relating to the same criminal investigation for a period of time exceeding forty-eight hours, such official shall apply for an ex parte order in accordance with the provisions of subdivision (1) of this subsection. In addition, the law enforcement official shall file as part of the application, a statement under oath attesting to the facts and beliefs concerning the exigent circumstances that existed and supported the use of the cell site simulator device for a period of time not exceeding forty-eight hours. The law enforcement official shall include in such statement the date and time of use of the cell site simulator device.

(d) A law enforcement official may apply directly to a telecommunications carrier or provider of electronic communication service or remote computing service for production of geo-location data for a period not in excess of forty-eight hours, including real-time or historical geo-location data, or any combination of such data, pertaining to an identified subscriber or customer. The telecommunications carrier or provider of electronic telecommunication service or remote computing service may provide the requested geo-location data upon the applicant stating under oath: (1) That facts exist upon which to base a belief that the data sought is relevant and material to an ongoing criminal investigation; (2) a belief that exigent circumstances exist; and (3) the facts supporting the belief that exigent circumstances exist. Any subsequent application for information from the same telecommunication carrier or provider of electronic communication service or remote computing service for production of geo-location data in connection with the same investigation shall be made pursuant to subsection (b) of this section.

(e) Whenever an order is issued pursuant to subsection (b) of this section, a telecommunications carrier shall disclose to the appropriate law enforcement official call-identifying information or the content of a subscriber's or customer's communications or geo-location data, and a provider of electronic communication service or remote computing service shall disclose to the appropriate law enforcement official basic subscriber information or the content of a subscriber's or customer's communications or geo-location data, as directed by the order.

(f) Not later than forty-eight hours after the issuance of an order pursuant to subsection (b) of this section, the law enforcement official shall mail notice of the issuance of such order to the subscriber or customer whose call-identifying information, communications data or geo-location data or basic subscriber information is the subject of such order, except that such notification may be delayed for a period of up to ninety days upon the execution of a written certification of such official to the judge who authorized the order that there is reason to believe that notification of the existence of the order may result in (1) endangering the life or physical safety of an individual, (2) flight from prosecution, (3) destruction of or tampering with evidence, (4) intimidation of potential witnesses, or (5) otherwise seriously jeopardizing the investigation. The law enforcement official shall maintain a true copy of such certification. During such ninety-day period, the law enforcement official may request the court to extend such period of delayed notification. Such period may be extended beyond ninety days only upon approval of the court. The applicant shall file a copy of the notice with the clerk of the court for the geographical area within which any person who may be arrested in connection with or subsequent to the execution of the order would be presented, and such notice shall include the case number assigned to such investigation pursuant to subsection (b) of this section. If information is provided in response to the order, the applicant shall, not later than ten days after receiving such information, file with the clerk a return containing an inventory of the information received. Such return and inventory shall include the case number assigned to such investigation pursuant to subsection (b) of this section, and such return and inventory shall remain sealed until the copy of the notice is filed with the clerk pursuant to this section. If a judge finds there is a significant likelihood that such notification would seriously jeopardize the investigation and issues an order authorizing delayed notification under this subsection, the telecommunications carrier or provider of electronic communication service or remote computing service from whom the call-identifying information, communications data, geo-location data or basic subscriber information is sought shall not notify any person, other than legal counsel for the telecommunications carrier or provider of electronic communication service or remote computing service and the law enforcement official that requested the ex parte order, of the existence of the ex parte order. Any information provided in response to the court order shall be disclosed to the defense counsel.

(g) A telecommunications carrier or provider of electronic communication service or remote computing service that provides information pursuant to an order issued pursuant to subsection (b) of this section or pursuant to an application made pursuant to subsection (d) of this section shall be compensated for the reasonable expenses incurred in providing such information.

(h) Any telecommunications carrier or provider of electronic communication service or remote computing service that provides information pursuant to an order issued pursuant to subsection (b) of this section or an application made pursuant to subsection (d) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.

(i) No information obtained pursuant to subsections (b) to (d), inclusive, of this section shall be retained for a period in excess of fourteen days, unless such information relates to an ongoing criminal investigation. Any information provided pursuant to subsections (b) to (d), inclusive, of this section shall be disclosed to the defense counsel.

(j) Not later than January fifteenth of each year, each law enforcement official shall report to the Chief State's Attorney the information required by this subsection with respect to each order issued pursuant to subsections (b) and (c) of this section and each application made pursuant to subsection (d) of this section in the preceding calendar year. The Chief State's Attorney shall, based upon the reports filed by each law enforcement official and not later than January thirty-first of each year, submit a report, in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure concerning orders issued pursuant to subsections (b) and (c) of this section and applications made pursuant to subsection (d) of this section in the preceding calendar year. The report shall include the following information: (1) The number of orders issued pursuant to subsections (b) and (c) of this subsection and the number of applications submitted to telecommunications carriers or providers of electronic communication service or remote computing service pursuant to subsection (d) of this section, (2) whether the order was directed to a telecommunications carrier, provider of electronic communication service or provider of remote computing service, (3) whether the information sought was call-identifying information or basic subscriber information, (4) the statutory offense or offenses that were the subject of the investigation, (5) the number of notifications that were delayed pursuant to subsection (f) of this section, and the reason for such delayed notification, (6) the number of motions to vacate an order that were filed, and the number of motions granted or denied, (7) the number of investigations concluded and the final result of such investigations, and (8) the status of any criminal prosecution resulting from the investigation.

Suppression of evidence obtained in violation of section is available as a remedy. 331 C. 258.

There is nothing in section to suggest that defendant is to receive notice re a third party's phone records; the fact that victim's phone records show that she received calls from defendant does not, in itself, make notice provisions of Subsec. (d) applicable. 161 CA 10.
Conn. Gen. Stat. § 54-36h — Connecticut Code / Title 54 / Chapter 959 / Section 54-36h
Sec. 54-36h. Forfeiture of moneys and property related to illegal sale or exchange of controlled substances or money laundering. In rem proceeding. Disposition.
Status: in_force

(1) All moneys used, or intended for use, in the procurement, manufacture, compounding, processing, delivery or distribution of any controlled substance, as defined in section 21a-240 ;

(2) All property constituting the proceeds obtained, directly or indirectly, from any sale or exchange of any such controlled substance in violation of section 21a-277 or 21a-278 ;

(3) All property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain of any such controlled substance in violation of section 21a-277 or 21a-278 ;

(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of section 21a-277 or 21a-278 ;

(5) All property constituting, or derived from, the proceeds obtained, directly or indirectly, by a corporation as a result of a violation of section 53a-276 , 53a-277 or 53a-278 .

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

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

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

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

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

(g) The proceeds from any sale of property under subsection (f) of this section and any moneys forfeited under this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the drug assets forfeiture revolving account established under section 54-36i .

Money found near drugs and seized at same time as arrest for violations of drug laws is not property subject to forfeiture proceedings. 108 CA 533.

Subsec. (b):

Time limit in section is substantive and a jurisdictional prerequisite. 43 CS 203.
Conn. Gen. Stat. § 54-142l — Connecticut Code / Title 54 / Chapter 961a / Section 54-142l
Sec. 54-142l. Challenge to completeness or accuracy of record.
Status: in_force

(b) Upon receipt of the notice, the State Police Bureau of Identification shall conduct an audit of the part of such person's criminal history record information which is necessary to determine the accuracy of the challenge, and may require any criminal justice agency which was the source of the challenged information to verify such information. Within sixty days after the notice is received, the State Bureau of Identification shall notify the person in writing of the results of the audit, and of his right to appeal if the challenge is rejected.
Conn. Gen. Stat. § 54-174 — Connecticut Code / Title 54 / Chapter 964 / Section 54-174
Sec. 54-174. Forfeiture of bond.
Status: in_force

Cited. 186 C. 404; 190 C. 631.
Conn. Gen. Stat. § 54-56q — Connecticut Code / Title 54 / Chapter 960 / Section 54-56q
Sec. 54-56q. Pretrial drug intervention and community service program.
Status: in_force

(2) The provisions of this section shall not apply to any person who has twice previously participated in: (A) The pretrial drug education program established under the provisions of section 54-56i ; (B) the community service labor program established under section 53a-39c ; (C) the pretrial drug intervention and community service program established under this section; or (D) any of such programs, except that the court may allow a person who has twice previously participated in such programs to participate in the program established under this section one additional time, for good cause shown.

(b) Upon application for participation in the program:

(1) The court shall, but only as to the public, order the court file sealed;

(2) The applicant shall pay to the court a nonrefundable application fee of one hundred dollars and a nonrefundable evaluation fee of one hundred fifty dollars, both of which shall be credited to the pretrial account established under section 54-56k ;

(3) The applicant shall agree that, if the court grants the application and places the applicant in the program:

(A) The statute of limitations for any alleged violations for which the court grants the application for the program shall be tolled;

(B) The applicant waives the right to a speedy trial;

(C) The applicant will begin participation in the components of the program ordered by the court not later than ninety days after the date that the Court Support Services Division directs the applicant to attend such components pursuant to subsection (d) of this section, unless the applicant requests a later start date, and the division determines that a later start date is appropriate;

(D) The applicant will successfully complete any components of the program ordered by the court;

(E) The applicant will not engage in any conduct that would constitute a violation of section 21a-257 , 21a-267 , 21a-279 or 21a-279a ; and

(F) To satisfactorily complete the program, the applicant may be required to participate in additional substance use treatment after completing the drug education or substance use treatment component of the program that the Court Support Services Division directs the applicant to attend pursuant to subsection (d) of this section, if a program component provider recommends such additional treatment and the division deems it appropriate, pursuant to subdivision (3) of subsection (h) of this section, or the court orders the additional treatment.

(c) (1) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may grant the application for, and place the applicant in, the pretrial drug intervention and community service program for a period of one year, subject to confirmation of the applicant's eligibility to participate in the program.

(2) If the court grants the application and places the applicant in the program, the court shall refer the person placed in the program to the Court Support Services Division for confirmation of eligibility to participate in the program, and:

(A) If the division confirms that such person is eligible for the program:

(i) Direct the division to refer the applicant to the Department of Mental Health and Addiction Services for evaluation and determination of the appropriate drug education or substance use treatment component of the program, if the court has granted the applicant's participation in the program established under the provisions of this section or the community service labor program established under section 53a-39c for the first or second time;

(ii) Direct the division to refer the applicant to a state-licensed substance use treatment provider for evaluation and determination of the appropriate substance use treatment component of the program, if the court has granted the applicant's participation in the program established under the provisions of this section or the community service labor program established under section 53a-39c for the third time; or

(iii) If the applicant is a veteran, may direct the division to refer the applicant to the Department of Veterans Affairs or the United States Department of Veterans Affairs for evaluation and determination of the appropriate drug education or substance use treatment component of the program; or

(B) If the division determines that such person is not eligible for the program, to inform the court of such determination and return such person's case to court for further proceedings.

(3) When granting an application and placing an applicant in the program:

(A) For the first time, the court shall order the applicant to participate in (i) either the drug education or substance use treatment component of the program recommended by the evaluation conducted pursuant to subparagraph (A)(i) of subdivision (2) of this subsection; and (ii) the community service component of the program for a period of five days;

(B) For the second time, the court shall order the applicant to participate in (i) either the drug education or substance use treatment component of the program recommended by the evaluation conducted pursuant to subparagraph (A) of subdivision (2) of this subsection; and (ii) the community service component of the program for a period of fifteen days; or

(C) For the third time, the court shall order the applicant to participate in (i) the substance use treatment component recommended by the evaluation conducted pursuant to subparagraph (A) of subdivision (2) of this subsection; and (ii) the community service component of the program for a period of thirty days.

(d) (1) Except as provided in subdivisions (2) and (4) of this subsection, upon receipt of the evaluation of any person placed in the program conducted pursuant to subparagraph (A) of subdivision (2) of subsection (c) of this section, the Court Support Services Division shall (A) refer such person to the Department of Mental Health and Addiction Services or to a state-licensed substance use treatment provider with facilities that are in compliance with all state standards governing the operation of such facilities, as appropriate, for the purpose of receiving the drug education or substance use treatment component services recommended by such evaluation; and (B) direct such person to attend the recommended drug education or substance use treatment component within ninety days after referral unless the division determines that a later start date is appropriate.

(2) If any person placed in the program is a veteran, the division (A) may refer such person to the Department of Veterans Affairs or the United States Department of Veterans Affairs for the applicable drug education or substance use treatment component recommended by the evaluation conducted pursuant to subparagraph (A) of subdivision (2) of subsection (c) of this section if: (i) the division determines that services for such component will be provided in a timely manner under standards substantially similar to, or higher than, the standards for services provided by the Department of Mental Health and Addiction Services or a state-licensed substance use treatment provider, and (ii) the applicable department agrees to submit timely component participation and completion reports to the division in the manner required by the division; and (B) shall direct such person to attend the recommended drug education or substance use treatment component within ninety days unless the division determines that a later start date is appropriate.

(3) The division shall direct such person to attend the applicable community service component ordered by the court, and shall supervise such person's participation in such community service component.

(4) The division may allow any person placed in the program whose employment, residence or education makes it unreasonable to participate in any component of the program ordered by the court in this state to participate in the applicable program components in another state if:

(A) The out-of-state program component provider has standards substantially similar to, or higher than, those of this state;

(B) For any substance use treatment component, the out-of-state substance use treatment provider is licensed by the state in which treatment will be provided; and

(C) The person allowed to participate in any of the components of the program in another state pays the applicable program fee and participation costs required by the applicable out-of-state program component provider.

(5) If the division determines that any person placed in the program has either failed to comply with the requirements of any component of the program in which the court has ordered such person to participate, or engaged in any conduct that constitutes a violation of section 21a-257 , 21a-267 , 21a-279 or 21a-279a , the division shall inform the court and return such person's case to court for further proceedings.

(e) (1) At the time that the Court Support Services Division directs any person to attend any component of the program, such person shall (A) if directed to attend the drug education component, pay to the court a nonrefundable program fee of four hundred dollars, or (B) if directed to attend the substance use treatment component, pay to the court a nonrefundable program fee of one hundred dollars and pay to the treatment provider any costs associated with such treatment unless the division allows such person to participate in the applicable program component in another state pursuant to subdivision (4) of subsection (d) of this section, in which case such person shall pay the program fee and participation costs required by the out-of-state program component provider. All program fees shall be credited to the pretrial account established under section 54-56k .

(2) (A) No person may be excluded from any component of the program because such person is indigent and unable to pay the associated fee or costs, provided (i) such person files with the court an affidavit of indigency and the court enters a finding of such indigency, or (ii) such person has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296 . The court shall not require a person to perform community service in lieu of payment of any fee or cost, if such fee or cost is waived.

(B) If the court finds that a person is indigent and unable to pay for the program application or the evaluation fee for the program, the court may waive all or any portion of these fees.

(C) If the court finds that a person is indigent and unable to pay for the drug education component of the program, the court may waive all or any portion of the program fee for that component, provided that such person participates in such drug education services offered by a provider located in this state.

(D) If the court finds that a person is indigent and unable to pay for the substance use treatment component of the program, the court may waive all or any portion of the program fee for that component and the costs of such treatment, provided that such person participates in such treatment at a substance use treatment provider licensed by and located in this state. Any costs waived under this subparagraph shall be paid by the Department of Mental Health and Addiction Services.

(E) Notwithstanding any provision of this section, the court shall not waive any fee or cost required by any out-of-state program component provider, and the Department of Mental Health and Addiction Services shall not pay any costs associated with education or substance use treatment provided outside of this state.

(f) (1) If the Court Support Services Division returns to court the case of any person placed in the program whom the division has determined is not eligible for the program, and the court finds that such person is not eligible to participate in the program, the court shall revoke such person's placement in the program.

(2) If the Court Support Services Division returns to court the case of any person placed in the program whom the division has learned has failed to comply with requirements of any component of the program in which the court has ordered such person to participate, or engaged in any conduct that constitutes a violation of section 21a-257 , 21a-267 , 21a-279 or 21a-279a , and the court finds that such person is no longer eligible to continue participating in the program, the court shall terminate such person's participation in the program.

(3) If the court revokes any person's placement in the program or terminates any person's participation in the program, the court shall order the court file to be unsealed, enter a plea of not guilty for such person, and immediately place the case on the trial list, unless such person is eligible for, such person requests and the court grants such person reinstatement into the program pursuant to subsection (k) of this section.

(4) (A) If the court revokes any person's placement in the program, such person shall not be required to pay any program fee or participation costs specified in subsection (e) of this section.

(B) If the court terminates any person's participation in the program, no program fees or substance use treatment costs imposed pursuant to subsection (e) of this section shall be refunded.

(g) The Department of Mental Health and Addiction Services shall administer the drug education component of the program and shall adopt regulations, in accordance with the provisions of chapter 54, to establish standards for such drug education component. The department may contract with service providers to provide the appropriate drug education component in accordance with the provisions of this section. The department may combine the services for the drug education component of the program under the provisions of this section with the services for the alcohol education component of the impaired driving intervention program under the provisions of section 54-56r , if necessary to ensure the appropriate and timely access to court ordered education components. Participation by a person in any combined drug and alcohol education services provided by the department for the drug education component of the program under the provisions of this section shall not be deemed participation in, nor shall affect such person's eligibility for, the impaired driving intervention program under the provisions of section 54-56r .

(h) (1) All program component providers shall provide the Court Support Services Division with a certification regarding the participation of each person referred to such provider pursuant to this section in the manner required by the division. (A) If such person has successfully completed the applicable program component, the certification shall indicate such successful completion and state whether additional substance use treatment is recommended. (B) If such person has failed to successfully complete the applicable program component, the certification shall indicate the reasons for such failure, whether the person is no longer amenable to education or treatment, and whether the current referral was an initial referral under subsection (d) of this section or a reinstatement under subsection (k) of this section for the program component. The certification of failure shall also, to the extent practicable, include a recommendation as to whether an alternative drug education or substance use treatment component would best serve such person's needs.

(2) Except as provided in subdivision (3) of this subsection, upon receipt of a participation certification from any program component provider pursuant to this subsection, the Court Support Services Division shall provide the court with a final progress report indicating whether such person has successfully completed any components of the program ordered by the court, whether the division required such person to participate in any additional substance use treatment in accordance with subdivision (3) of this subsection and whether such person successfully completed any such additional substance use treatment. The final progress report shall also include any other information the division obtained during the supervision of such person relevant to such person's participation in the program, including whether the results of a criminal history record check, which the division shall complete prior to the submission of the final progress report, reveals that such person has engaged in any conduct that constitutes a violation of section 21a-257 , 21a-267 , 21a-279 or 21a-279a , during such person's period of participation in the program.

(3) If a participation certification indicates that a person who was placed in the program successfully completed the drug education or substance use treatment component ordered by the court, but the program component provider recommends additional substance use treatment for such person, the Court Support Services Division may, if it deems such additional treatment appropriate, require such person to participate in the recommended additional substance use treatment in order to satisfactorily complete the pretrial drug intervention and community service program. If the division requires such additional substance use treatment, the division shall provide the court with a final progress report in accordance with subdivision (2) of this subsection upon receipt of the participation certification from the substance use treatment provider for such additional treatment.

(i) (1) If any person successfully completes all components of the program ordered by the court and any additional substance use treatment required by the Court Support Services Division, such person may apply for dismissal of the charges against such person at the conclusion of such person's period of participation in the program. Upon application, the court shall review the final progress report submitted by the division regarding such person and any other relevant information. If the court finds that such person has satisfactorily completed the pretrial drug intervention and community service program, the court shall dismiss the charges.

(2) If any person who has successfully completed all components of the program ordered by the court and any additional substance use treatment required by the Court Support Services Division does not apply for dismissal of the charges against such person at the conclusion of such person's period of participation in the program, the court may, upon its own motion, review the final progress report regarding such person submitted by the division and any other relevant information. If the court finds that such person has satisfactorily completed the pretrial drug intervention and community service program, the court shall dismiss the charges.

(3) Upon the motion of any person placed in the program and a showing of good cause, the court may extend the program placement period for a reasonable period of time to allow such person to complete the applicable program components.

(j) If, upon review of the final progress report submitted by the Court Support Services Division or any other relevant information, the court finds that any person placed in the program has failed to successfully complete any component of the program ordered by the court, is no longer amenable to treatment or is otherwise ineligible to continue participating in the program, the court shall terminate such person's participation in the program. No program fees or substance use treatment costs imposed pursuant to subsection (e) of this section shall be refunded to any person whose participation in the program is terminated. Unless such person requests, and the court grants, reinstatement into the program pursuant to subsection (k) of this section, the court shall order the court file of any person whose participation in the program is terminated to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

(k) (1) Any person whose participation in the program is terminated may ask the court to reinstate such person into the program up to two times. If a person requests reinstatement into the program, the Court Support Services Division shall verify that such person is eligible for such reinstatement. If a person requesting reinstatement into the program is eligible for reinstatement, the court may, in its discretion, grant such person reinstatement into the program. When granting such reinstatement, the court shall order the person to participate in an appropriate drug education, substance use treatment or community service component of the program.

(2) Any person reinstated into the program shall (A) if ordered to participate in the drug education component of the program, pay to the court a nonrefundable program fee of two hundred fifty dollars, which shall be credited to the pretrial account established under section 54-56k , or (B) if ordered to participate in the substance use treatment component of the program, pay the costs of any substance use treatment. The court shall not waive the program fee or the costs of substance use treatment associated with reinstatement into the program unless such person is found eligible to have such fee or costs waived under subdivision (2) of subsection (e) of this section and such person participates in the applicable drug education at a service provider located in this state or substance use treatment at a substance use treatment provider licensed by and located in this state.

(l) (1) If any person applies for both the pretrial drug intervention and community service program under the provisions of this section and the pretrial impaired driving intervention program pursuant to section 54-56r , for charges arising from the same arrest, and the Department of Mental Health and Addiction Services has already completed the required evaluation and determination of the appropriate alcohol education or substance use treatment component pursuant to section 54-56r , the court and the Court Support Services Division may rely on such evaluation and determination for the purposes of ordering participation and directing attendance in the drug education or substance use treatment component of the program under the provisions of this section. If the court and the division rely on such evaluation and determination, such person shall not be required to pay the evaluation fee under the provisions of subdivision (2) of subsection (b) of this section, provided that such person has paid, or the court has waived, the evaluation fee pursuant to section 54-56r .

(2) If any person is placed in both the pretrial drug intervention and community service program under the provisions of this section and the pretrial impaired driving intervention program under section 54-56r , for charges arising from the same arrest, the court may find that:

(A) Such person's successful completion of the alcohol education component of the pretrial impaired driving intervention program pursuant to section 54-56r , satisfies such person's required participation in the drug education component of the pretrial drug intervention and community service program under the provisions of this section; or

(B) Such person's successful completion of the substance use treatment component of the pretrial impaired driving intervention program under section 54-56r , satisfies such person's required participation in the substance use treatment component of the pretrial drug intervention and community service program under the provisions of this section.

(3) Nothing in this subsection shall relieve any person placed in both the pretrial drug intervention and community service program pursuant to this section and the pretrial impaired driving intervention program pursuant to section 54-56r , for charges arising from the same arrest, from the requirement to participate in the:

(A) Community service component of the pretrial drug intervention and community service program under the provisions of this section, in order to satisfactorily complete the pretrial drug intervention and community service program; or

(B) Victim impact component of the pretrial impaired driving intervention program, if ordered by the court pursuant to section 54-56r , in order to satisfactorily complete the pretrial impaired driving intervention program.

(m) The Court Support Services Division shall retain a record of participation in the pretrial drug intervention and community service program for a period of ten years from the date the court grants the application for, and places the applicant in, the program pursuant to the provisions of this section.

(n) For purposes of this section, “veteran” has the same meaning as provided in subdivision (2) of subsection (a) of section 27-103 .
Conn. Gen. Stat. § 54-301 — Connecticut Code / Title 54 / Chapter 970 / Section 54-301
Sec. 54-301. Posting of data and evaluation re provisional pardons and certificates of rehabilitation. Reports.
Status: in_force

(b) The Connecticut Sentencing Commission, or its designee, shall evaluate the effectiveness of provisional pardons and certificates of rehabilitation issued pursuant to section 54-130e and certificates of rehabilitation issued pursuant to section 54-108f , at promoting the public policy of rehabilitating ex-offenders consistent with the public interest in public safety, the safety of crime victims and the protection of property. Such evaluation shall continue for a period of three years from October 1, 2015. The commission shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary not later than January 15, 2016, January 15, 2017, and January 15, 2018, on the effectiveness of such provisional pardons and certificates of rehabilitation at promoting such public policy and public interest. Such report shall include recommendations, if any, for amendments to the general statutes governing such provisional pardons and certificates of rehabilitation in order to promote such public policy and public interest.
Conn. Gen. Stat. § 54-82k — Connecticut Code / Title 54 / Chapter 961 / Section 54-82k
Sec. 54-82k. (Formerly Sec. 54-24). Recognizance; commitment; release; fees.
Status: in_force

(b) If such recognizance is not entered into, the judge shall order the person to be committed to a community correctional center until the next criminal term of the Superior Court to be held in the judicial district, or until he is legally discharged, and the judge shall issue a proper mittimus for his commitment in the case. Any person so committed to a community correctional center shall not, upon such commitment, be confined or associated in the center with persons confined therein upon conviction of or charged with any criminal offense, and the state's attorney for the judicial district wherein the person is so detained may release the bond and order the discharge of the person if, in his judgment, the requirements of justice so demand. When any person is confined in a community correctional center under the provisions of this section and section 54-82j , he shall receive, in addition to his legal fees as a witness, two dollars for each day that he is so confined, and the fees and expenses incurred under the provisions of this section and section 54-82j , shall be taxed by the court and paid as other expenses in criminal proceedings.

(c) Any person committed under the provisions of this section shall be released from confinement upon the giving of the required recognizance, which shall be taken as provided in case of imprisonment in a community correctional center upon criminal process.

(d) “State's attorney”, as used in section 54-82j , and in this section, includes assistant state's attorneys.
Conn. Gen. Stat. § 54-41m — Connecticut Code / Title 54 / Chapter 959a / Section 54-41m
Sec. 54-41m. Motion to suppress.
Status: in_force

Cited. 176 C. 17. Motion to suppress upheld since state's attorney failed to make formal oath or affirmation in connection with application. 180 C. 345. Cited. 191 C. 360; 194 C. 447; 199 C. 591; 212 C. 485; 224 C. 593; 238 C. 692.

Cited. 3 CA 477; 5 CA 634; 7 CA 660; 10 CA 347; 14 CA 605; 27 CA 596; 44 CA 249.

Cited. 30 CS 302.
Conn. Gen. Stat. § 54-41f — Connecticut Code / Title 54 / Chapter 959a / Section 54-41f
Sec. 54-41f. Execution of order; progress reports.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 238 C. 692.
Conn. Gen. Stat. § 54-260 — Connecticut Code / Title 54 / Chapter 969 / Section 54-260
Sec. 54-260. (Formerly Sec. 54-102s). Notification of change of name or address of sexual offenders on parole or probation.
Status: in_force

(b) Any sexual offender who is released from a correctional institution on parole or who is sentenced to a period of probation shall, during the period of such parole or probation and as a condition of such parole or probation, immediately notify such person's parole officer or probation officer, as the case may be, whenever such person changes such person's name or residence address. Each parole officer or probation officer who is notified of such change of address shall notify the chief of police of the police department or resident state trooper for the municipality of the new address of the parolee or probationer and any other law enforcement official such parole officer or probation officer deems appropriate.

(c) Nothing in this section shall be construed to prohibit a parole officer or probation officer acting in the performance of his duties and within the scope of his employment from disclosing any information concerning the parolee or probationer to any person whenever he deems such disclosure to be appropriate.

Annotation to former section 54-102s:

Legislature, in enacting statute, did not intend to restrict discretionary power of Office of Adult Probation to notify public in cases in which probationer has been convicted under a provision not enumerated in Subsec. (a). 250 C. 280.

Annotation to present section:

Section does not give probation and parole officers unrestrained discretionary power to disseminate sex offender registration information to the public and is not punitive for ex post facto purposes. 256 C. 23.
Conn. Gen. Stat. § 54-84 — Connecticut Code / Title 54 / Chapter 961 / Section 54-84
Sec. 54-84. Testimony or silence of accused.
Status: in_force

(b) Unless the accused requests otherwise, the court shall instruct the jury that they may draw no unfavorable inferences from the accused's failure to testify. In cases tried to the court, no unfavorable inferences shall be drawn by the court from the accused's silence.

Communication between husband and wife not privileged to extent of preventing one who overhears them from testifying thereto. 47 C. 540. Voluntary statements of accused before coroner or grand jury in no sense compulsory and are admissible in evidence. 56 C. 399. Attacking credit of accused where he does testify. 67 C. 290; 76 C. 94; 87 C. 22; 88 C. 150; 89 C. 417. Certain comments by state's attorney not objectionable. 73 C. 100; 96 C. 291. Commenting on refusal not always ground for new trial; accused must at once object. 79 C. 477. Effect of testimony by one of two jointly indicted. 82 C. 59. Remark by state's attorney in arguing question of evidence while putting in his own case, held not within rule. 83 C. 455. In absence of request, court need not charge as to rule. 90 C. 132. Proper course for accused to take to insure his rights under rule. 96 C. 291. Charge under rule. 108 C. 463, but see 127 C. 592. Does not prevent inference being drawn from failure to testify; but such failure must not be commented upon. 108 C. 463. Cited. 109 C. 134; Id., 497. For violence received from husband before marriage, wife may refuse to testify against him. 113 C. 291. Court may comment to jury on failure of accused to testify. 119 C. 35; 127 C. 591. Reference by state's attorney to fact defendant's attorney offered no testimony to refute state's witnesses, not a violation of section. 130 C. 549. Court may take into consideration failure of an accused to testify only if state has made out a prima facie case against him. 139 C. 124. Does not preclude cross-examination of the accused as to inconsistent statements made to spouse. 145 C. 60. It is violation of fifth and fourteenth amendments for court to comment on failure of defendant in a criminal trial to testify; interpretation before Griffin v. California , 380 U.S. 609. 154 C. 41. Cited. 171 C. 12; Id., 586. Section gives witness' spouse option of testifying against accused spouse. 172 C. 37. Cited. Id., 74; 179 C. 327; 197 C. 369; 201 C. 462; 206 C. 300; Id., 621; 213 C. 422; 222 C. 469; 223 C. 52; 233 C. 813. Prosecutorial comments on defendant's exercise of right not to testify discussed. 243 C. 324. State's attorney's comment in closing argument that “I gave you everything I had” not seen as comment on defendant's failure to testify. 244 C. 547.

Cited. 7 CA 292; 9 CA 169; judgment reversed, see 205 C. 370; 13 CA 386; 16 CA 264; 22 CA 321; 24 CA 642; 26 CA 674; 27 CA 601; Id., 643; 28 CA 369. Use of term “unfair” in lieu of term “unfavorable” inference discussed. 36 CA 41. Cited. 39 CA 96. Legislature could not have intended that instructions to venire panel would comply with dictates of section to give instructions to jury. 60 CA 301. Although the recorded out-of-court statement of defendant was not equivalent of in-court testimony where defendant puts his credibility in issue, prosecutor's admonition to jury to consider defendant's interest in the outcome of the case when evaluating defendant's statement was not a forbidden indirect comment on defendant's decision not to testify. 78 CA 535. Defendant's right to a no adverse inference instruction was violated by court's postcharge, supplemental instruction that materially and substantially misstated the nature of defendant's privilege not to testify. 83 CA 811. Prosecutor's statement that sexual assault cases are often decided on credibility of victim or defendant was not an improper comment on defendant's failure to testify. 86 CA 641. Prosecutor's comments made during rebuttal argument regarding defendant's failure to testify were a clear violation of section. 156 CA 138; judgment affirmed, see 324 C. 190.

Where state's case rested entirely on defendant's testimony, held it was error not to inform defendant of his privilege against self-incrimination. 24 CS 353. Defendant does not have option to refuse to testify in civil proceeding for homicide by automobile on ground that he may be subject to criminal prosecution for some facts. 28 CS 59. Cited. 33 CS 505; Id., 700.

Defendant's failure to bring timely objection re comments on his refusal to testify results in waiver of right. 2 Conn. Cir. Ct. 68. Charge to jury that, if they concluded there was such a strong probability of defendant's guilt that denial or explanation by him was reasonably called for, then they would be entitled to consider his failure to testify, held in violation of due process and constituted reversible error. 3 Conn. Cir. Ct. 463, 464. Any comment by presiding judge or counsel forbidden; court's refusal to charge jury that no inference of guilt could be drawn or sinister meaning attached to defendant's failure to testify, proper. 4 Conn. Cir. Ct. 520, 522, 523. Cited. 5 Conn. Cir. Ct. 181. Defendants who took stand for limited purpose of testifying new counsel represented them entitled to assistance of counsel when questioning of them broadened out to other matters. Id., 242.

Subsec. (b):

Even though defense counsel did not object to the court's failure to give the “no unfavorable inference” instruction, the judgment was set. 182 C. 330. Cited. Id., 403. Failure to follow mandate of statute is reversible error despite failure to make a timely request or objection. Id., 580. Cited. 183 C. 444; 188 C. 681; 190 C. 1. Use of “unreasonable” instead of “unfavorable” in jury instruction constituted harmful error. 194 C. 594. Cited. 195 C. 421; Id., 444; 197 C. 574; Id., 588; 198 C. 77; 199 C. 322; 201 C. 659; 209 C. 636; 210 C. 751; 227 C. 910. Harmless error analysis applied to erroneous instruction under statute; judgment of Appellate Court in 31 CA 688 reversed. 229 C. 516. In context of entire jury charge re defendant's decision not to testify, reference to defendant's “failure to testify” was neither negative in substance nor improper; phrase “unless the defendant requests otherwise” does not obligate court to use defendant's requested language. 255 C. 581. When the jury charge contains no language that resembles the mandated instruction, it cannot be assumed that the jurors had sufficient knowledge of the law to be able to glean from the balance of instructions that they should draw no adverse inference from defendant's failure to testify. 322 C. 796. Although phrase “failure to testify” has slightly more negative connotation than the phrase “choice not to testify”, that slight difference does not have a material impact on a defendant's constitutional right to remain silent and Subsec. is not unconstitutional. 338 C. 705

Cited. 5 CA 79; 6 CA 124; 7 CA 477; 10 CA 302; 11 CA 425; 15 CA 342; Id., 749; 17 CA 490; 19 CA 48; Id., 618; 20 CA 721; 21 CA 162; 23 CA 28; Id., 151; 28 CA 290; 31 CA 688; judgment reversed, see 229 C. 516. Total omission of “no adverse interference” instruction is plain error that is not subject to harmless error analysis. 33 CA 126. Cited. 34 CA 153. Trial court's charge did not comply with requirements of statute because of improper reference to loss of defendant's presumption of innocence. Id., 250. Cited. 37 CA 672. Court will not infer a waiver of the mandatory instruction from defendant's silence. 59 CA 426. Where counsel had requested omission of instruction under section in the jury charge, it was not error for court to fail to inquire expressly of defendant if he also wanted the court to omit the instruction. 64 CA 340. Since trial court's instruction to jury not to draw any unfavorable inference from the fact that defendant did not testify given in the context of instructions concerning how jury was to find facts in general did not clearly inform jury that it could not use defendant's silence as a factor in its verdict and did not satisfy the statutory requirement that court convey a specific instruction to jury that no unfavorable inference could be drawn from the fact that defendant did not testify, and state failed to establish that the deficient instruction was clarified or remedied by the court and failed to demonstrate harmlessness of the constitutional violation beyond a reasonable doubt, judgment was reversed and the case remanded for new trial. 97 CA 266. Where lower court had inquired about specific instruction re failure to testify and court and defense counsel discussed instruction, such discussion constituted a request for a no unfavorable inference instruction; reiterated previous holding that provisions are not required to be waived personally by defendant but can be waived by defense counsel. 109 CA 679.

Cited. 36 CS 583.
Conn. Gen. Stat. § 54-203 — Connecticut Code / Title 54 / Chapter 968 / Section 54-203
Sec. 54-203. Office of Victim Services established. Powers and duties.
Status: in_force

(b) The Office of Victim Services shall have the following powers and duties:

(1) To direct each hospital, whether public or private, each university or college health services center, whether public or private, and each community health center, as defined in section 19a-490a , to prominently display posters in a conspicuous location giving notice of the availability of compensation and assistance to victims of crime or their dependents pursuant to sections 54-201 to 54-218 , inclusive, and to direct every law enforcement agency of the state to inform victims of crime or their dependents of their rights pursuant to sections 54-201 to 54-218 , inclusive;

(2) To obtain from the office of the state's attorney, state police, local police departments or any law enforcement agency such investigation and data as will enable the Office of Victim Services to determine if in fact the applicant was a victim of a crime or attempted crime and the extent, if any, to which the victim or claimant was responsible for his own injury, including, but not limited to, a request for information form promulgated by the Office of Victim Services;

(3) To request from the Department of Correction, other units of the Judicial Department and the Board of Pardons and Paroles such information as will enable the Office of Victim Services to determine if in fact a person who has requested notification pursuant to section 54-228 was a victim of a crime;

(4) To take or cause to be taken affidavits or depositions within or without the state;

(5) To apply for, receive, allocate, disburse and account for grants of funds made available by the United States, by the state, foundations, corporations and other businesses, agencies or individuals to implement a program for victim services which shall assist witnesses and victims of crimes as the Office of Victim Services deems appropriate within the resources available and to coordinate services to victims by state and community-based agencies, with priority given to victims of violent crimes, by (A) assigning such victim advocates as are necessary to provide assistance; (B) administering victim service programs; and (C) awarding grants or purchase of service contracts to private nonprofit organizations or local units of government for the direct delivery of services, except that the provision of training and technical assistance of victim service providers and the development and implementation of public education campaigns may be provided by private nonprofit or for-profit organizations or local units of government. Such grants and contracts shall be the predominant method by which the Office of Victim Services shall develop, implement and operate direct service programs and provide training and technical assistance to victim service providers;

(6) To provide each person who applies for compensation pursuant to section 54-204 , within ten days of the date of receipt of such application, with a written list of rights of victims of crime involving personal injury and the programs available in this state to assist such victims. The Office of Victim Services, the state or any agent, employee or officer thereof shall not be liable for the failure to supply such list or any alleged inadequacies of such list. Such list shall include, but not be limited to:

(A) Subject to the provisions of sections 18-81e and 51-286e , the victim shall have the right to be informed concerning the status of his or her case and to be informed of the release from custody of the defendant;

(B) Subject to the provisions of section 54-91c , the victim shall have the right to present a statement of his or her losses, injuries and wishes to the prosecutor and the court prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which the defendant was originally charged;

(C) Subject to the provisions of section 54-91c , prior to the imposition of sentence upon the defendant, the victim shall have the right to submit a statement to the prosecutor as to the extent of any injuries, financial losses and loss of earnings directly resulting from the crime. Upon receipt of the statement, the prosecutor shall file the statement with the sentencing court and the statement shall be made a part of the record and considered by the court at the sentencing hearing;

(D) Subject to the provisions of section 54-126a , the victim shall have the right to appear before a panel of the Board of Pardons and Paroles and make a statement as to whether the defendant should be released on parole and any terms or conditions to be imposed upon any such release;

(E) Subject to the provisions of section 54-36a , the victim shall have the right to have any property the victim owns which was seized by police in connection with an arrest to be returned;

(F) Subject to the provisions of sections 54-56e and 54-142c , the victim shall have the right to be notified of the application by the defendant for the pretrial program for accelerated rehabilitation and to obtain from the court information as to whether the criminal prosecution in the case has been dismissed;

(G) Subject to the provisions of section 54-85b , the victim cannot be fired, harassed or otherwise retaliated against by an employer for appearing under a subpoena as a witness in any criminal prosecution;

(H) Subject to the provisions of section 54-86g , the parent or legal guardian of a child twelve years of age or younger who is a victim of child abuse or sexual assault may request special procedural considerations to be taken during the testimony of the child;

(I) Subject to the provisions of section 46b-15 , the victim of assault by a spouse or former spouse, family or household member has the right to request the arrest of the offender, request a protective order and apply for a restraining order;

(J) Subject to the provisions of sections 52-146k , 54-86e and 54-86f , the victim of sexual assault or domestic violence can expect certain records to remain confidential; and

(K) Subject to the provisions of section 53a-32 , the victim and any victim advocate assigned to assist the victim may receive notification from a probation officer whenever the officer has notified a police officer that the probation officer has probable cause to believe that the offender has violated a condition of such offender's probation;

(7) Within available appropriations, to maintain a victim's assistance center which shall (A) make available to victims information regarding victim's rights and available services, (B) maintain a victims' notification system pursuant to sections 54-227 to 54-230a , inclusive, and 54-235 , and (C) maintain a toll-free number for access to information regarding victims' rights and available services;

(8) To provide a telephone helpline that shall provide information on referrals for various services for victims of crime and their families;

(9) To provide staff services to a state advisory council. The council shall consist of not more than twenty members to be appointed by the Chief Justice and shall include the Chief Victim Compensation Commissioner and members who represent victim populations, including but not limited to, homicide survivors, family violence victims, sexual assault victims, victims of gun violence, victims of drunk drivers, and assault and robbery victims, and members who represent the judicial branch and executive branch agencies involved with victims of crime. The members shall serve for terms of four years. Any vacancy in the membership shall be filled by the appointing authority for the balance of the unexpired term. The members shall receive no compensation for their services. The council shall meet at least four times a year. The council shall recommend to the Office of Victim Services program, legislative or other matters which would improve services to victims of crime and develop and coordinate needs assessments for both court-based and community-based victim services. The Chief Justice shall appoint two members to serve as cochairpersons. Not later than December fifteenth of each year, the council shall report the results of its findings and activities to the Chief Court Administrator;

(10) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed;

(11) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government relative to victims of crime;

(12) To provide support and assistance to state-wide victim services coalitions and groups;

(13) To provide a training program for judges, prosecutors, police, probation and parole personnel, bail commissioners, intake, assessment and referral specialists, officers from the Department of Correction and judicial marshals to inform them of victims' rights and available services;

(14) To (A) maintain, within available appropriations, a sexual assault forensic examiners program that will train and make available sexual assault forensic examiners to adolescent and adult victims of sexual assault who are patients at participating health care facilities. In order to maintain such program, the Office of Victim Services may apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals; or (B) establish, within available appropriations, a training program for health care professionals on the care of and collection of evidence from adolescent and adult victims of sexual assault;

(15) To provide victims of crime and the general public with information detailing the process by which a victim may register to receive notices of hearings of the Board of Pardons and Paroles; and

(16) To submit to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a , on or before January 15, 2000, and biennially thereafter a report of its activities under sections 54-201 to 54-235 , inclusive.
Conn. Gen. Stat. § 54-133 — Connecticut Code / Title 54 / Chapter 961 / Section 54-133
Sec. 54-133. Interstate Compact for Adult Offender Supervision.
Status: in_force

ARTICLE I

PURPOSE

The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to: Track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions.

The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 USC Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

In addition, this compact will: Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulation of interstate movement of offenders for officials involved in such activity.

The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.

It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

B. “Bylaws” means those bylaws established by the Interstate Commission for its governance or for directing or controlling the Interstate Commission's actions or conduct.

C. “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.

D. “Compacting state” means any state which has enacted the enabling legislation for this compact.

E. “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.

F. “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.

G. “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

H. “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.

I. “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

J. “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.

K. “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

L. “State” means a state of the United States, the District of Columbia and any other territorial possession of the United States.

M. “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.

ARTICLE III

THE COMPACT COMMISSION

A. The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

B. The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial and executive branches of government, victims groups and compact administrators. Each State Council shall appoint as its commissioner the compact administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the State Council or by the Governor in consultation with the legislature and the judiciary.

In addition to appointment of its commissioner to the Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.

C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting, members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

D. Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

E. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

F. The Interstate Commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the Interstate Commission and performs other duties as directed by the Interstate Commission or set forth in the bylaws.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

1. To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.

2. To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

3. To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.

4. To enforce compliance with compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means including, but not limited to, the use of judicial process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.

8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

13. To establish a budget and make expenditures and levy dues as provided in Article IX of this compact.

14. To sue and be sued.

15. To provide for dispute resolution among compacting states.

16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

18. To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.

19. To establish uniform standards for the reporting, collecting and exchanging of data.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

Section A. Bylaws

1. The Interstate Commission shall, by a majority of the members, within twelve months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

a. Establishing the fiscal year of the Interstate Commission;

b. Establishing an executive committee and such other committees as may be necessary;

c. Providing reasonable standards and procedures: (i) For the establishment of committees, and (ii) governing any general or specific delegation of any authority or function of the Interstate Commission;

d. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

e. Establishing the titles and responsibilities of the officers of the Interstate Commission;

f. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;

g. Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;

h. Providing transition rules for “start up” administration of the compact; and

i. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section B. Officers and staff

1. The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

Section C. Corporate records of the Interstate Commission

The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

Section D. Qualified immunity, defense and indemnification

1. The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of any such person.

2. The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

3. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

ARTICLE VI

ACTIVITIES OF THE INTERSTATE COMMISSION

1. The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.

2. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

3. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

4. The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

5. The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

6. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act”, 5 USC Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: a. Relate solely to the Interstate Commission's internal personnel practices and procedures; b. disclose matters specifically exempted from disclosure by statute; c. disclose trade secrets or commercial or financial information which is privileged or confidential; d. involve accusing any person of a crime, or formally censuring any person; e. disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; f. disclose investigatory records compiled for law enforcement purposes; g. disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; h. disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; i. specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or proceeding.

7. For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

8. The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

ARTICLE VII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 USC Section 551 et seq., and the Federal Advisory Committee Act, 5 USC App. 2, Section 1 et seq., as may be amended (hereinafter “APA”).

3. All rules and amendments shall become binding as of the date specified in each rule or amendment.

4. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

5. When promulgating a rule, the Interstate Commission shall: a. Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; b. allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; c. provide an opportunity for an informal hearing; and d. promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

6. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

7. Subjects to be addressed within twelve months after the first meeting must at a minimum include: a. Notice to victims and opportunity to be heard; b. offender registration and compliance; c. violations/returns; d. transfer procedures and forms; e. eligibility for transfer; f. collection of restitution and fees from offenders; g. data collection and reporting; h. the level of supervision to be provided by the receiving state; i. transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; j. mediation, arbitration and dispute resolution.

The existing rules governing the operation of the previous compact superseded by this compact shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.

8. Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.

ARTICLE VIII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

Section A. Oversight

1. The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Section B. Dispute resolution

1. The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.

2. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

3. The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Section C. Enforcement

The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XI, Section B, of this compact.

ARTICLE IX

FINANCE

1. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

2. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

3. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

4. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

1. Any state, as defined in Article II of this compact, is eligible to become a compacting state.

2. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

3. Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

Section A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the compact into law.

2. The effective date of withdrawal is the effective date of the repeal.

3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.

4. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

5. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

6. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

Section B. Default

1. If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

a. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;

b. Remedial training and technical assistance as directed by the Interstate Commission;

c. Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or chief judicial officer of the state; the majority and minority leaders of the defaulting state's legislature, and the State Council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.

2. Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the State Council of such termination.

3. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.

5. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

Section C. Judicial enforcement

The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.

Section D. Dissolution of compact

1. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

1. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

2. The provisions of this compact shall be liberally construed to effectuate its purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section A. Other laws

1. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

2. All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding effect of the compact

1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

2. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

4. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

See Sec. 54-76b re youthful offenders.

Receiving state terminates its supervision when parolee moves to another state after notice given to pending state of request of parolee to transfer; Connecticut could retake parolee who had moved from the receiving state of Maine to Massachusetts without reporting to Connecticut authorities and was convicted of drug possession in Massachusetts. 167 C. 639. Cited. 215 C. 418.

Constitutionality of statute upheld; waiver of extradition as a condition of parole not repugnant to fourteenth amendment of U.S. Constitution. 17 CS 101.
Conn. Gen. Stat. § 54-258 — Connecticut Code / Title 54 / Chapter 969 / Section 54-258
Sec. 54-258. Availability of registration information. Immunity.
Status: in_force

(2) (A) Any state agency, the Judicial Department, any state police troop or any local police department may, at its discretion, notify any government agency, private organization or individual of registration information when such agency, said department, such troop or such local police department, as the case may be, believes such notification is necessary to protect the public or any individual in any jurisdiction from any person who is subject to registration under section 54-251 , 54-252 , 54-253 or 54-254 .

(B) (i) Whenever a registrant is released into the community, or whenever a registrant changes such registrant's residence address and notifies the Department of Emergency Services and Public Protection of such change pursuant to section 54-251 , 54-252 , 54-253 or 54-254 , the Department of Emergency Services and Public Protection shall, by electronic mail, notify the superintendent of schools for the school district in which the registrant resides, or plans to reside, of such release or new residence address, and provide such superintendent with the same registry information for such registrant that the department makes available to the public through the Internet under subdivision (1) of this subsection.

(ii) Whenever a registrant is released into the community, or whenever a registrant changes such registrant's residence address and notifies the Department of Emergency Services and Public Protection of such change pursuant to section 54-251 , 54-252 , 54-253 or 54-254 , the Department of Emergency Services and Public Protection shall, by electronic mail, notify the chief executive officer of the municipality in which the registrant resides, or plans to reside, of such release or new residence address, and provide such chief executive officer with the same registry information for such registrant that the department makes available to the public through the Internet under subdivision (1) of this subsection.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department, state police troops and local police departments shall not disclose the identity of any victim of a crime committed by a registrant or treatment information provided to the registry pursuant to sections 54-102g and 54-250 to 54-258a , inclusive, except to government agencies for bona fide law enforcement or security purposes.

(4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, registration information the dissemination of which has been restricted by court order pursuant to section 54-255 and which is not otherwise subject to disclosure, shall not be a public record and shall be released only for law enforcement purposes until such restriction is removed by the court pursuant to said section.

(5) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a registrant's electronic mail address, instant message address or other similar Internet communication identifier shall not be a public record, except that the Department of Emergency Services and Public Protection may release such identifier for law enforcement or security purposes in accordance with regulations adopted by the department. The department shall adopt regulations in accordance with chapter 54 to specify the circumstances under which and the persons to whom such identifiers may be released including, but not limited to, providers of electronic communication service or remote computing service, as those terms are defined in section 54-260b , and operators of Internet web sites, and the procedure therefor.

(6) When any registrant completes the registrant's term of registration or is otherwise released from the obligation to register under section 54-251 , 54-252 , 54-253 or 54-254 , the Department of Emergency Services and Public Protection shall notify any state police troop or local police department having jurisdiction over the registrant's last reported residence address that the person is no longer a registrant, and the Department of Emergency Services and Public Protection, state police troop and local police department shall remove the registrant's name and information from the registry.

(b) Neither the state nor any political subdivision of the state nor any officer or employee thereof, shall be held civilly liable to any registrant by reason of disclosure of any information regarding the registrant that is released or disclosed in accordance with subsection (a) of this section. The state and any political subdivision of the state and, except in cases of wanton, reckless or malicious conduct, any officer or employee thereof, shall be immune from liability for good faith conduct in carrying out the provisions of subdivision (2) of subsection (a) of this section.

“Registration information” in Subsec. (a)(4) means any information that is received, maintained and disseminated by the registry. 298 C. 703.
Conn. Gen. Stat. § 54-85a — Connecticut Code / Title 54 / Chapter 961 / Section 54-85a
Sec. 54-85a. Sequestering of witnesses in criminal prosecution.
Status: in_force

Sequestration order merely prohibits sequestered witness from being present in courtroom when he is not testifying. 169 C. 322. Cited. Id., 428; 185 C. 211; 187 C. 6; 199 C. 62; 211 C. 672; 230 C. 591; 235 C. 711; 236 C. 112; 237 C. 284.

Cited. 11 CA 80; 13 CA 687; 16 CA 172; 20 CA 342; 21 CA 474; 32 CA 448; 33 CA 339; judgment reversed in part, see 232 C. 431; judgment reversed on issues of sufficiency of evidence and jury misconduct, see 235 C. 502; 34 CA 276; 38 CA 371. Scope of suppression order was not limited only to the suppression hearing and defendant did not establish that he had been prejudiced by police officers' discussion of their testimony with each other in the time between the hearing and the trial. 74 CA 802.
Conn. Gen. Stat. § 54-41a — Connecticut Code / Title 54 / Chapter 959a / Section 54-41a
Sec. 54-41a. Definitions.
Status: in_force

(1) “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of telephone or telegraph between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications;

(2) “Intercept” means the intentional overhearing or recording of a wire communication through the use of any electronic, mechanical or other device or a cell site simulator device;

(3) “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire communication other than (A) any telephone or telegraph instrument, equipment or facility, or any component thereof (i) furnished to the subscriber or used by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or (ii) being used by a communications common carrier in the ordinary course of its business, or (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;

(4) “Cell site simulator device” means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations: (A) Identifying, locating or tracking the movements of a communications device, (B) intercepting, obtaining, accessing or forwarding the communications, stored data or metadata of a communications device, (C) affecting the hardware or software operations or functions of a communications device, (D) forcing transmissions from, or connections to, a communications device, (E) denying a communications device access to other communications devices, communications protocols or services, or (F) spoofing or simulating a communications device, cell tower, cell site or service. “Cell site simulator device” includes, but is not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. “Cell site simulator device” does not include any device used or installed by an electric distribution company, as defined in section 16-1 , solely to the extent that such device is used by the electric distribution company to measure electrical usage, to provide services to customers or to operate the electric grid;

(5) “Person” means any officer, agent or employee of the state of Connecticut or any political subdivision thereof, and any individual, partnership, association, joint stock company, trust, limited liability company or corporation;

(6) “Investigative officer” means (A) any officer of the Connecticut state police, (B) the chief inspector or any inspector in the Division of Criminal Justice who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, (C) any municipal police officer who has been duly sworn as a special state police officer under the provisions of section 29-177 and who is currently assigned to the state-wide narcotics task force or the state-wide organized crime investigative task force and is acting under the direct authority of the Connecticut state police, and (D) any attorney authorized by law to prosecute or participate in the prosecution of offenses enumerated in this chapter;

(7) “Law enforcement officer” means any officer of any organized police department of this state or of the state police of any other state, an official of the Federal Bureau of Investigation, Drug Enforcement Administration or United States Customs Service, or the United States attorney for the district of Connecticut or a person designated by him in writing to receive the contents of any wire communication or evidence derived therefrom;

(8) “Contents”, when used with respect to any wire communication, means and includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication;

(9) “Panel of judges” or “panel” means any panel or panels of three Superior Court judges specifically designated by the Chief Justice of the Supreme Court from time to time to receive applications for, and to enter orders authorizing, interceptions of wire communications in accordance with the provisions of this chapter;

(10) “Communication common carrier” means any person engaged as a common carrier for hire in the transmission of communications by wire or radio;

(11) “Aggrieved person” means a person who was a party to any intercepted wire communication, a person against whom the interception was directed, a person named in any order authorizing an interception, or a person having a property interest in any premises involved in any interception.

Cited. 171 C. 524; 191 C. 360; 194 C. 447. “Wire communication” as defined in section includes the radio wave portion of a cordless telephone conversation. 224 C. 593. Cited. 238 C. 253; Id., 692.

Cited. 8 CA 673; 10 CA 347.
Conn. Gen. Stat. § 54-86g — Connecticut Code / Title 54 / Chapter 961 / Section 54-86g
Sec. 54-86g. Testimony of victim of child abuse. Court may order testimony taken outside courtroom. Procedure.
Status: in_force

(b) In any criminal prosecution of an offense involving assault, sexual assault or abuse of a child twelve years of age or younger, the court may, upon motion of the attorney for any party, order that the following procedures be used when the testimony of the child is taken: (1) Persons shall be prohibited from entering and leaving the courtroom during the child's testimony; (2) an adult who is known to the child and with whom the child feels comfortable shall be permitted to sit in close proximity to the child during the child's testimony, provided such person shall not obscure the child from the view of the defendant or the trier of fact; (3) the use of anatomically correct dolls by the child shall be permitted; and (4) the attorneys for the defendant and for the state shall question the child while seated at a table positioned in front of the child, shall remain seated while posing objections and shall ask questions and pose objections in a manner which is not intimidating to the child.

Not effective at time action initiated; videotaping procedure essentially followed by trial court discussed in connection with federal and state constitutional confrontation clauses. 204 C. 683. Cited. 210 C. 51; Id., 244; Id., 359; 211 C. 185. Judgment of Appellate Court in 36 CA 803 reversed and case remanded to Appellate Court for consideration of trial court's denial of state's motion to videotape pursuant to section. 235 C. 659. In 36 CA 803, 233 C. 902, 42 CA 186, 239 C. 934, judgment of Appellate Court reversed; trial court properly exercised its discretion to deny motion on videotaped testimony. 241 C. 823. It is insufficient, without further inquiry, to determine that because victim cried on the witness stand, victim is not reliable as a witness. 258 C. 42. Section does not specifically authorize the use of a dog, but trial court may exercise its discretion to permit a dog to provide comfort and support to a testifying witness. 321 C. 656.

Cited. 14 CA 333; 19 CA 445; 24 CA 146; 26 CA 674; 36 CA 803; judgment reversed, see 235 C. 659, see also 241 C. 823. Defendant not entitled to have a defense expert conduct a psychological or psychiatric examination of an alleged child victim as prerequisite to trial court's granting of motion filed pursuant to section. 42 CA 186; judgment reversed, see 241 C. 823. Cited. 39 CA 702. In this case, trial court properly permitted the state to videotape testimony of child victim outside the presence of defendant. 51 CA 753. Hearing re videotaping of remainder of the child's testimony outside the presence of defendant re her sexual assault pursuant to 204 C. 683 need not be conducted prior to trial or before testimony begins. 55 CA 717. Plain language of statute permits testimony via videotape of victim who is 12 years of age or younger at time of offense; victim's age at time of videotaping is not controlling under statute. 70 CA 171. Section does not give court specific authority to allow the presence of a dog while a child witness testifies. 150 CA 514; judgment reversed, see 321 C. 656.

Subsec. (a):

State's compelling interest in securing reliable testimony from a child victim may outweigh defendant's right of face-to-face confrontation. 284 C. 597.

Cited. 42 CA 186; judgment reversed, see 241 C. 823. Trial court's finding of compelling need for videotaped testimony upheld. 47 CA 199.
Conn. Gen. Stat. § 54-82u — Connecticut Code / Title 54 / Chapter 961 / Section 54-82u
Sec. 54-82u. Witness protection agreement.
Status: in_force

(1) To testify in and provide information to all appropriate law enforcement officials concerning all appropriate proceedings;

(2) To refrain from committing any crime;

(3) To take all necessary steps to avoid detection by other persons of the facts concerning the protective services provided to the witness under section 54-82t ;

(4) To comply with legal obligations and civil judgments against the witness;

(5) To cooperate with all reasonable requests of officers and employees of the state or any municipality who are providing protective services under section 54-82t ;

(6) To designate another person to act as agent for service of process;

(7) To make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation;

(8) To disclose if the witness is on probation or parole and, if so, any conditions of probation or parole;

(9) To inform regularly the appropriate official of the witness's activities and current address; and

(10) To comply with any other lawful and appropriate conditions as determined by the Office of the Chief State's Attorney.

(b) The Chief State's Attorney shall not be liable for any condition in the witness protection agreement that cannot reasonably be met due to a witness committing a crime during participation in the program.
Conn. Gen. Stat. § 54-33l — Connecticut Code / Title 54 / Chapter 959 / Section 54-33l
Sec. 54-33l. Strip searches. Procedure.
Status: in_force

(b) No search of any body cavity other than the mouth shall be conducted without a search warrant. Any warrant authorizing a body cavity search shall specify that the search is required to be performed under sanitary conditions and conducted either by or under the supervision of a person licensed to practice medicine in accordance with chapter 370.

(c) All strip searches shall be performed by a person of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search or not absolutely necessary to conduct the search.

(d) Any peace officer or employee of a police department conducting a strip search shall (1) obtain the written permission of the police chief or an agent thereof designated for the purposes of authorizing a strip search in accordance with this section and section 54-33k and (2) prepare a report of the strip search. The report shall include the written authorization required by subdivision (1) of this subsection, the name of the person subjected to the search, the name of any person conducting the search and the time, date and place of the search. A copy of the report shall be provided to the person subjected to the search.

(e) Nothing in this section shall preclude prosecution of a peace officer or employee under any other provision of the general statutes.

(f) Nothing in this section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.

(g) The provisions of this section and section 54-33k shall not apply when the person is remanded to a correctional institution pursuant to a court order.

Section does not address those strip searches that are conducted incident to lawful arrest on a felony charge. 82 CA 111. Language of section suggests that a strip search and a body cavity search are two discrete searches and, therefore, when a search constitutes a strip search, it does not necessarily amount to a body cavity search under statute; although the two types of searches appear within same statutory provision, the two terms are used independently of each other. 105 CA 179.
Conn. Gen. Stat. § 54-33f — Connecticut Code / Title 54 / Chapter 959 / Section 54-33f
Sec. 54-33f. Motion for return of unlawfully seized property and suppression as evidence.
Status: in_force

(b) The motion shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing.

(c) The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted, the property shall be restored unless otherwise subject to lawful detention and it shall not be admissible in evidence at any hearing or trial.

History discussed. 152 C. 90. Cited. 154 C. 314, 321. Neither statement that affiant had information from reliable informant nor that apartment sought to be searched had been under police surveillance was sufficient grounds for issuance of warrant, hence search warrant was illegal. 155 C. 385. Motion to suppress evidence consisting of several marked bills found on defendant immediately after he was observed selling narcotics to an informer, obtained by search incident to his lawful arrest for commission of felony of illegal sale of narcotics, properly denied. Id., 516. Ruling denying defendant's motion to suppress evidence of narcotics seized by arresting officer from stolen car in defendant's possession without obtaining search warrant was superseded by ruling during trial admitting narcotics as evidence; where defendant driver of stolen car had been arrested and drugs were found in car on custodial search by arresting officer, motion to suppress use of drugs in evidence properly denied. 159 C. 201. Cited. 169 C. 322. Person aggrieved by search and seizure may move to suppress for use as evidence anything obtained upon warrant when there is not probable cause for believing the existence of grounds for warrant. 170 C. 618. Cited. 195 C. 668; 216 C. 150, see also 26 CA 423, 27 CA 291, 223 C. 902 and 225 C. 10, reversing judgment of Appellate Court in State v. Marsala ; 223 C. 903; 226 C. 514; 239 C. 793.

Cited. 10 CA 561; 14 CA 605; 15 CA 251; 27 CA 370; 31 CA 548.

Use of motion to suppress. 29 CS 423. Motion to dismiss, motion to suppress, difference. 30 CS 211. Section implements fourth amendment of U.S. Constitution and Art. I, Sec. 7 of the Connecticut Constitution and is analogous to rule 41 of Federal Rules of Criminal Procedure; purposes of rule. 33 CS 129.

Evidence obtained by an immediate search of defendant's apartment after her arrest for liquor violation was admissible; search without warrant was an incident to a lawful arrest. 4 Conn. Cir. Ct. 125. Where officers went beyond directives of warrant for search of defendant and certain premises and searched automobiles, evidence obtained was suppressed, but articles taken were not returned in absence of demand or request. Id., 422, 423. Property sought to be suppressed was voluntarily handed over to police officers by defendant's wife who was not party to defendant's appeal; he has no standing to claim violation of wife's constitutional rights as these are personal to her. Id., 605. Testimony or information, although not tangible, come within purview of statute. 5 Conn. Cir. Ct. 44. Although not expressly required, it is better practice for motion to suppress to be in writing. Id., 51. Motion by defendant to suppress evidence seized in search of his car dismissed by Circuit Court where prosecuting attorney had instituted bindover proceedings in Superior Court. Id., 119. While it is better practice to test legality of seizure in preliminary hearing, court may entertain motion to suppress at trial; officers did not search for papers where they had defendant under surveillance in his store and saw him putting papers under rafters of hatchway and picked them up upon arrest. Id., 613. Where there was probable cause to believe that defendant was in business of pool selling from allegations of affidavit, search warrant was properly issued. Id, 669. Burden of proof relative to the illegality of search and seizure is on accused; newspaper, policy sheet and pen discarded by accused were abandoned property and apprehension of them by police is not seizure of defendant's property. 6 Conn. Cir. Ct. 17. Doctrine of retroactivity not applied to procedural problem of this kind. Id., 192, 194. Motion to suppress must specify item to be suppressed. Id., 454. Cited. Id., 574, 584.
Conn. Gen. Stat. § 54-108d — Connecticut Code / Title 54 / Chapter 961 / Section 54-108d
Sec. 54-108d. Authority of probation officers to detain certain persons, seize contraband and act as member of fugitive task force.
Status: in_force

(b) A probation officer may seize and take into custody any contraband, as defined in subsection (a) of section 54-36a , that such officer discovers in the performance of his or her official duties. Such probation officer shall promptly process such contraband in accordance with the provisions of section 54-36a .

(c) A probation officer may, in the performance of his or her official duties, act as a member of a state or federal ad hoc fugitive task force that seeks out and arrests persons who have unexecuted state or federal arrest warrants lodged against such persons and such officer shall be deemed to be acting as an employee of the state while carrying out the duties of the task force.
Conn. Gen. Stat. § 54-147 — Connecticut Code / Title 54 / Chapter 962 / Section 54-147
Sec. 54-147. Rules for payment of expenses. Waiver of fee or cost.
Status: in_force

(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.
Conn. Gen. Stat. § 54-33o — Connecticut Code / Title 54 / Chapter 959 / Section 54-33o
Sec. 54-33o. Search of vehicle stopped solely for a motor vehicle violation.
Status: in_force

(2) Any search by a law enforcement official of a motor vehicle or the contents of the motor vehicle that is stopped by a law enforcement official solely for a motor vehicle violation shall be (A) based on probable cause, or (B) after having received the unsolicited consent to such search from the operator of the motor vehicle in written form or recorded by body-worn recording equipment or a dashboard camera, each as defined in section 29-6d .

(b) No law enforcement official may ask an operator of a motor vehicle to provide any documentation or identification other than an operator's license, motor vehicle registration, insurance identity card or other documentation or identification directly related to the stop, when the motor vehicle has been stopped solely for a motor vehicle violation, unless there exists probable cause to believe that a felony or misdemeanor offense has been committed or the operator has failed to produce a valid operator's license.
Conn. Gen. Stat. § 54-33b — Connecticut Code / Title 54 / Chapter 959 / Section 54-33b
Sec. 54-33b. Search of person.
Status: in_force

(b) A law enforcement official serving a search warrant may, if such official has reason to believe that any of the property described in the warrant is concealed in the garments of any person in or upon the place or thing to be searched, search the person for the purpose of seizing the same. When the person to be searched is a woman, the search shall be made by a female law enforcement official or other woman assisting in the service of the warrant, or by a woman designated by the judge or judge trial referee issuing the warrant.

Origin of former statute re search of person. 126 C. 433.

Cited. 28 CS 23.

Cited. 5 Conn. Cir. Ct. 44, 46. Search of person on premises of store searched under warrant was constitutional as statute provides for reasonable searches and seizes, not unreasonable ones. Id., 637.
Conn. Gen. Stat. § 54-47d — Connecticut Code / Title 54 / Chapter 960 / Section 54-47d
Sec. 54-47d. Appointment of investigatory grand jury. Duration and scope of investigation.
Status: in_force

(b) Each order authorizing the investigation into the commission of a crime or crimes by the panel shall specify: (1) The date of issuance of the order, (2) the period of time within which the investigation is to be conducted, provided in no event shall the investigation be longer than six months from the date the Chief Court Administrator appoints the investigatory grand jury to conduct the investigation, unless an application for an extension of time is filed and granted pursuant to subsection (c) of this section, (3) the scope of the investigation, and (4) the panel's reasons for finding that (A) the administration of justice requires an investigation to determine whether or not there is probable cause to believe that a crime or crimes have been committed, (B) if the application was made by the Chief State's Attorney or a state's attorney, other normal investigative procedures with respect to the alleged crime have been tried and have failed or reasonably appear to be unlikely to succeed if tried or be too dangerous to employ, or, due to the specific nature of the alleged crime or the nature of the investigation, it is reasonable to conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, and (C) the investigative procedures employed by the investigatory grand jury appear likely to succeed in determining whether or not there is probable cause to believe that a crime or crimes have been committed. The panel shall retain a copy of the order and the original application and shall transmit to the investigatory grand jury, appointed pursuant to subsection (a) of this section, the original order and a copy of the application filed with the panel.

(c) The investigatory grand jury may make an application to the panel of judges for an extension of time within which to conduct its investigation or for an amendment to the scope of its investigation. The application for extension or amendment shall set forth the reasons for the necessity of such extension or amendment. No more than two extensions or amendments of an order may be granted by the issuing panel. The period of any extension shall be no longer than the panel deems necessary to achieve the purposes for which it was granted and in no event shall any extension be for a period longer than six months.

Cited. 202 C. 541; 204 C. 259; 206 C. 203; 207 C. 98; 213 C. 66; 221 C. 625.

Cited. 16 CA 679; 17 CA 395; 20 CA 447. An application and order transmitted by an investigatory grand jury panel pursuant to Subsec. (b) are part of the record of the investigatory grand jury. 104 CA 398; judgment reversed, see 293 C. 247.

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-227 — Connecticut Code / Title 54 / Chapter 968 / Section 54-227
Sec. 54-227. Notification of Office of Victim Services and Victim Services Unit within Department of Correction by inmate or sexual offender seeking release or other relief.
Status: in_force

(b) Any person who 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 and any person who 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 shall notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such application or petition on a form prescribed by the Office of the Chief Court Administrator. Notwithstanding any provision of the general statutes, no such application or petition shall be considered unless such person has notified the Office of Victim Services and the Victim Services Unit within the Department of Correction pursuant to this subsection and provides proof of such notice as part of the application or petition.

(c) Notwithstanding any provision of the general statutes to the contrary, the Board of Pardons and Paroles, sentencing court and sentence review division may make available to the Office of Victim Services and the Victim Services Unit within the Department of Correction direct access to records in their custody, including computerized criminal history record information, for the purpose of performing said office's and department's duties regarding victim notification.
Conn. Gen. Stat. § 54-128 — Connecticut Code / Title 54 / Chapter 961 / Section 54-128
Sec. 54-128. Period of confinement in correctional institution after parole violation.
Status: in_force

(b) Each parolee or inmate, subject to the provisions of section 18-7 , shall be subject to loss of all or any portion of time earned.

(c) Any person who, during the service of a period of special parole imposed in accordance with subdivision (9) of subsection (b) of section 53a-28 , has been returned to any institution of the Department of Correction for violation of such person's parole, may be retained in a correctional institution for a period equal to the unexpired portion of the period of special parole. The total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted.

For purposes of determining amount of diminution for good time earned or its forfeiture, sentences imposed under several counts are to be regarded as one continuous term. 129 C. 164. It is for court, not Board of Parole, to determine whether second sentence given parolee shall run concurrently or consecutively with unexpired portion of first. 132 C. 307. Cited. 162 C. 434; 170 C. 129; 172 C. 126; 184 C. 222; 213 C. 38.

Cited. 12 CA 1.

Cited. 4 CS 365; 11 CS 284; 13 CS 309. Sentence runs for parolee until date of order for return. 16 CS 22. Cited. Id., 80. When prisoner was returned for violation of parole, term he was to serve should have been computed by subtracting, from time he was to serve, period he had served up to date of order for his return as parole violator. 27 CS 439. When a man is returned to prison for parole violation, he may be held only for the balance of time after the date of the issuance of the order for his return. 32 CS 190.

Subsec. (c):

When sentencing provisions of Sec. 54-125e(c) and Subsec. conflict, legislature intended the maximum statutory limit in Subsec. to control; defendant's sentence of 10 years of imprisonment followed by 10 years of special parole violated Subsec. and was an illegal sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Sec. 53a-35a(6) and Sec. 53a-71(b). 279 C. 527. Sec. 54-125e(c) can be given effect only to the extent that it does not conflict with Subsec. 292 C. 417.
Conn. Gen. Stat. § 54-142o — Connecticut Code / Title 54 / Chapter 961a / Section 54-142o
Sec. 54-142o. Dissemination of nonconviction information to noncriminal justice agencies.
Status: in_force

(b) No agency or individual shall confirm the existence or nonexistence of nonconviction information to any person or agency that would not be eligible to receive the information itself.

See Sec. 54-142c re disclosure of erased records.