(a) Upon application by the prosecuting authority alleging that a defendant has violated the conditions of the defendant's release, the court may, if probable cause is found, order that the defendant appear in court for an evidentiary hearing upon such allegations. An order to appear shall be served upon the defendant by any law enforcement officer delivering a copy to the defendant personally, or by leaving it at the defendant's usual place of abode with a person of suitable age and discretion then residing therein, or mailing it by registered or certified mail to the last-known address of the defendant.
(b) If the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions imposed on the defendant's release it may impose different or additional conditions upon the defendant's release. If the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions of the defendant's release and that the safety of any other person is endangered while the defendant is on release, it may revoke such release.
(c) If the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the safety of any other person is endangered while the defendant is on release and that there is probable cause to believe that the defendant has committed a federal, state or local crime while on release, there shall be a rebuttable presumption that the defendant's release should be revoked.
(d) The revocation of a defendant's release pursuant to this section shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released.
(P.A. 90-213, S. 53; P.A. 99-240, S. 11.)
History: P.A. 99-240 made hearsay or secondary evidence admissible at an evidentiary hearing and made technical changes for purposes of gender neutrality.
See Secs. 53a-222, 53a-222a re criminal penalties for violation of certain conditions of release.
Cited. 220 C. 922; 224 C. 29.
Subsec. (c):
As applied to defendant, statute did not violate right of bail provision of Art. I, Sec. 8 of the Connecticut Constitution, as amended by Art. XVII of the amendments. 222 C. 331.
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.