(a) Any judge of the Superior Court, Appellate Court or Supreme Court, the Chief State's Attorney or a state's attorney may make application to a panel of judges for an investigation into the commission of a crime or crimes whenever such applicant has reasonable belief that 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) Each application for an investigation into the commission of a crime or crimes shall be made in writing upon oath or affirmation to a panel of judges. Each application shall include the following information: (1) The identity of the applicant and his authority to make such application; (2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his reasonable belief that the investigation will lead to a finding of probable cause that a crime or crimes have been committed; and (3) a full and complete statement of the facts concerning all previous applications known to the applicant, made to any panel of judges, for investigation of any one or more of the same criminal offenses involving any of the same persons specified in the application, including the action taken by the panel on each such application. The panel of judges may require such additional testimony or documentary evidence in support of facts in the application as it deems necessary. Such additional testimony shall be transcribed.
(c) If the application is made by the Chief State's Attorney or a state's attorney, it shall also include (1) a full and complete statement of the status of the investigation and of the evidence collected as of the date of such application, (2) if other normal investigative procedures have been tried with respect to the alleged crime, a full and complete statement specifying the other normal investigative procedures that have been tried and the reasons such procedures have failed or the specific nature of the alleged crime or the nature of the investigation that leads the applicant to reasonably 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, (3) if other normal investigative procedures have not been tried, a full and complete statement of the reasons such procedures reasonably appear to be unlikely to succeed if tried or be too dangerous to employ, and (4) a full and complete statement of the reasons for the applicant's belief that the appointment of an investigatory grand jury and the investigative procedures employed by such investigatory grand jury will lead to a finding of probable cause that a crime or crimes have been committed.
(d) The panel may approve the application and order an investigation into the commission of a crime or crimes if it finds that (1) 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, (2) 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 (3) the investigative procedures employed by an 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.
(P.A. 85-611, S. 2; P.A. 87-350, S. 2, 6; P.A. 98-48, S. 2; P.A. 03-273, S. 1.)
History: P.A. 87-350 added provision re transcription of additional testimony; P.A. 98-48 designated provisions of Subsec. (b) re requirements of an application made by the Chief State's Attorney or a state's attorney as new Subsec. (c), amended said Subsec. (c) to designate provisions re the use of other normal investigative procedures as Subdivs. (2) and (3) and rephrase said provisions, add Subdiv. (1) requiring a statement of the status of the investigation and of the evidence collected as of the date of the application and add Subdiv. (4) requiring a statement of the reasons for the applicant's belief that the appointment of an investigatory grand jury and the investigative procedures employed by such grand jury will lead to a finding of probable cause that a crime or crimes have been committed, and added new Subsec. (d) authorizing the panel to approve the application and order an investigation if it makes certain findings and specifying said findings; P.A. 03-273 amended Subsec. (c)(2) to add provision re statement that specifies the specific nature of the alleged crime or the nature of the investigation that leads the applicant to reasonably 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 amended Subsec. (d)(2) to add provision re finding that, 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.
Cited. 202 C. 541; 204 C. 259; 206 C. 203; 207 C. 98; 213 C. 66; 221 C. 625; 224 C. 29.
Cited. 16 CA 679; 17 CA 395; 20 CA 447.
Cited. 45 CS 1.
Structure Connecticut General Statutes
Chapter 960 - Information, Procedure and Bail
Section 54-45. - When grand jury is required. Selecting grand jury. Alternate grand jurors.
Section 54-45a. - Record of grand jury proceedings. Transcripts.
Section 54-46. - Prosecution on complaint or information.
Section 54-47. - Investigations into commission of crime.
Section 54-47a. - Compelling testimony of witness. Immunity from prosecution.
Section 54-47b. - Investigatory grand jury. Definitions.
Section 54-47c. - Application for investigation into commission of crime.
Section 54-47d. - Appointment of investigatory grand jury. Duration and scope of investigation.
Section 54-47e. - Sealing of order and application. Summary of scope of investigation. Disclosure.
Section 54-47f. - Conduct of investigation. Testimony of witnesses.
Section 54-47g. - Finding and record of investigation. Disclosure. Hearing. Access to testimony.
Section 54-47i. - Authority of investigation ordered prior to October 1, 1985.
Section 54-48. - Reward for arrest of capital offender or felon.
Section 54-50. - Reward for information as to unlawful disinterment of corpse.
Section 54-51. - Reward for information as to theft of motor vehicle, livestock or poultry.
Section 54-52. - Determination of claims to reward.
Section 54-53. - Release by correctional officials.
Section 54-53a. - Detention of persons who have not made bail.
Section 54-56. - Dismissal of information by court.
Section 54-56a. (Formerly Sec. 54-2b). - Pleading by mail in certain motor vehicle cases.
Section 54-56b. - Right to dismissal or trial on nolle.
Section 54-56c. - Request for privileged trial status.
Section 54-56d. (Formerly Sec. 54-40). - Competency to stand trial.
Section 54-56e. (Formerly Sec. 54-76p). - Accelerated pretrial rehabilitation.
Section 54-56f. (Formerly Sec. 54-5). - Requirements of sureties of the peace.
Section 54-56g. - Pretrial alcohol education program.
Section 54-56i. - Pretrial drug education and community service program.
Section 54-56j. - Pretrial school violence prevention program.
Section 54-56k. - *(See end of section for amended version and effective date.) Pretrial account.
Section 54-56m. - Mediation programs.
Section 54-56o. - Nolle prosequi in certain family violence cases.
Section 54-57. - Joinder of offenses of the same character.
Section 54-58. - Description of money in complaint or information.
Section 54-60. - Allegations in criminal cases.
Section 54-61. - Complaints for offenses specified in special acts, ordinances and bylaws.
Section 54-62. - Allegation of previous conviction.
Section 54-63. - Mode of informing against larceny by embezzlement.
Section 54-63a. - Definitions.
Section 54-63e. - Bond or promise conditioned on appearance.
Section 54-63f. - Release after conviction and pending sentence or appeal.
Section 54-63g. - Appeal from court order re release.
Section 54-64. - Police officials and clerks of court to take promise to appear or bond.
Section 54-64a. - Release by judicial authority.
Section 54-64b. - Release following arrest on court warrant.
Section 54-64c. - Notice of appearance after release.
Section 54-64d. - Release of person taken into custody on a capias.
Section 54-64g. - Surveillance of serious felony offenders released on bond.
Section 54-65b. - Verification of rearrest warrant or capias upon request.
Section 54-65c. - Vacating forfeiture of bond.
Section 54-67. - When attorneys not allowed to give bonds.
Section 54-68. - Persons charged with gaming to give bonds.
Section 54-69. - Motion of parties to modify conditions of release.
Section 54-69b. - Authority of court to modify conditions of release.
Section 54-70. - Compromise of forfeited bonds.
Section 54-71. - Mistake in form of recognizance.
Section 54-71a. - No civil liability for release.
Section 54-72. - Fines and forfeitures; prosecutions; liability of corporation.
Section 54-73. - Collection and disposition of forfeitures.
Section 54-74. - Remission of fine.