(a) In any criminal prosecution, upon written request by a defendant filed with the court, but not requiring an order of the court, the defendant may request of the prosecutorial official whether such official intends to introduce testimony of a jailhouse witness. The prosecutorial official shall promptly, but not later than forty-five days after the filing of such motion, disclose to the defendant whether the official intends to introduce such testimony and, if so, the following information and material:
(1) The complete criminal history of any such jailhouse witness, including any charges pending against such witness, or which were reduced or dismissed as part of a plea bargain;
(2) The jailhouse witness's cooperation agreement with the prosecutorial official and any benefit that the official has provided, offered or may offer in the future to any such jailhouse witness;
(3) The substance, time and place of any statement allegedly given by the defendant to a jailhouse witness, and the substance, time and place of any statement given by a jailhouse witness implicating the defendant in an offense for which the defendant is indicted;
(4) Whether at any time the jailhouse witness recanted any testimony subject to the disclosure and, if so, the time and place of the recantation, the nature of the recantation and the name of any person present at the recantation; and
(5) Information concerning any other criminal prosecution in which the jailhouse witness testified, or offered to testify, against a person suspected as the perpetrator of an offense or defendant with whom the jailhouse witness was imprisoned or otherwise confined, including any cooperation agreement with a prosecutorial official or any benefit provided or offered to such witness by a prosecutorial official.
(b) The prosecutorial official may move for an extension of time to make any disclosure pursuant to subsection (a) of this section. The court may agree to such extension of time if the court finds that the jailhouse witness was not known to the prosecutorial official at the time the defendant filed the written request under subsection (a) of this section, and that information or material required to be disclosed pursuant to subsection (a) of this section could not be disclosed with the exercise of due diligence within the period of time required under subsection (a) of this section. Upon good cause shown, the court may set a reasonable extension of time or may, upon the court's own motion, allow such extension.
(c) If the court finds that a disclosure pursuant to subsection (a) of this section may result in the possibility of bodily harm to the jailhouse witness, the court may order that such information or material may only be viewed by the defense counsel, and not by the defendant or other parties.
(d) For the purposes of this section, “benefit” means any plea bargain, bail consideration, reduction or modification of sentence or any other leniency, immunity, financial payment, reward or amelioration of current or future conditions of incarceration offered or provided in connection with, or in exchange for, testimony that is offered or provided by a jailhouse witness; and “jailhouse witness” means a person who offers or provides testimony concerning statements made to such person by another person with whom he or she was incarcerated, or an incarcerated person who offers or provides testimony concerning statements made to such person by another person who is suspected of or charged with committing a criminal offense.
(P.A. 19-131, S. 1; 19-132, S. 6.)
History: P.A. 19-132 redefined “jailhouse witness” in Subsec. (d).
See Sec. 51-286 re tracking use of testimony by jailhouse witnesses.
Subsec. (d): Procedural protections embodied in section are not dependent on the location where the defendant's alleged statements occurred, instead, they are applicable regardless of whether an incarcerated witness testifies as to statements the defendant made inside or outside of prison. 337 C. 486.
Structure Connecticut General Statutes
Chapter 961 - Trial and Proceedings after Conviction
Section 54-77a. - Establishing venue and selecting jurors for the town of Plymouth.
Section 54-82. - Accused's election of trial by court or by jury. Number of jurors.
Section 54-82a. - Test of insanity as defense.
Section 54-82b. - Right to trial by jury.
Section 54-82c. (Formerly Sec. 54-139). - Prisoner's right to speedy trial on pending charges.
Section 54-82e. (Formerly Sec. 54-141). - Mentally ill person not covered.
Section 54-82f. - Voir dire examination.
Section 54-82g. (Formerly Sec. 51-242). - Peremptory challenges in criminal prosecution.
Section 54-82h. - Alternate jurors in criminal cases. Peremptory challenges.
Section 54-82i. (Formerly Sec. 54-22). - Attendance of witnesses in criminal proceedings.
Section 54-82j. (Formerly Sec. 54-23). - Detention of witnesses. Warrant.
Section 54-82k. (Formerly Sec. 54-24). - Recognizance; commitment; release; fees.
Section 54-82q. - Temporary restraining order prohibiting harassment of witness.
Section 54-82r. - Protective order prohibiting harassment of witness.
Section 54-82s. - The Leroy Brown, Jr. and Karen Clarke Witness Protection Program.
Section 54-82t. - Protective services for witness at risk of harm.
Section 54-82u. - Witness protection agreement.
Section 54-84. - Testimony or silence of accused.
Section 54-84a. - Testimony against spouse.
Section 54-84b. - Testimony of spouse re confidential communications.
Section 54-85. - Witness to testify with regard to bribery at elections.
Section 54-85a. - Sequestering of witnesses in criminal prosecution.
Section 54-85e. - Photograph of deceased victim shown to jury during opening and closing arguments.
Section 54-85g. - Advisement to crime victims re constitutional rights by judge at arraignment.
Section 54-86a. - Certain evidence to be made available to defendant.
Section 54-86b. - Right of accused to examine statements.
Section 54-86c. - Disclosure of exculpatory information or material.
Section 54-86d. - Nondisclosure of address and telephone number by victims of certain crimes.
Section 54-86f. - Admissibility of evidence of sexual conduct.
Section 54-86h. - Competency of child as witness.
Section 54-86i. - Testimony of expert witness re mental state or condition of defendant.
Section 54-86j. - Polygraph examination of victims of sexual assault restricted.
Section 54-86k. - Admissibility of results of DNA analysis.
Section 54-86o. - Jailhouse witnesses in a criminal prosecution.
Section 54-88. - State to open and close arguments.
Section 54-89. - Direction of court to jury.
Section 54-91. - When sentence to be passed.
Section 54-91a. (Formerly Sec. 54-109). - Presentence investigation of defendant.
Section 54-91d. - Referral of persons to youth service bureaus.
Section 54-91g. - Sentencing of a child for class A or B felony.
Section 54-92. - Pronouncement of sentence.
Section 54-92a. (Formerly Sec. 54-120). - Commitment to custody of Commissioner of Correction.
Section 54-92c. (Formerly Sec. 17-381). - Women attendants.
Section 54-94. - Sentence of persons between sixteen and seventeen.
Section 54-95. - Appeal by defendant in criminal prosecution; stay of execution.
Section 54-95a. (Formerly Sec. 54-17). - Jurisdiction of Superior Court.
Section 54-95b. - Reopening judgment in certain motor vehicle and criminal cases.
Section 54-96. - Appeals by the state from Superior Court in criminal cases.
Section 54-96a. (Formerly Sec. 54-13). - Appeal vacated by payment of fine.
Section 54-97. - Mittimus required for commitment to correctional facility.
Section 54-99. - Period within which death penalty inflicted.
Section 54-100. - Method of inflicting death penalty. Attendance at execution.
Section 54-100a. - Committee on news media access to executions. Selection of news media witnesses.
Section 54-101. - Disposition of person becoming insane after death sentence.
Section 54-102. - Burial or disposal of body of executed criminal.
Section 54-102b. - HIV testing of persons convicted of certain sexual offenses.
Section 54-102c. - HIV information and test results provided to victim.
Section 54-102h. - Procedure for collection of blood or other biological sample for DNA analysis.
Section 54-102i. - Procedure for conducting DNA analysis of blood or other biological sample.
Section 54-102j. - Dissemination of information in DNA data bank.
Section 54-102l. - Expungement of DNA data bank records and destruction of samples.
Section 54-102m. - DNA Data Bank Oversight Panel.
Section 54-102aa. - Tuberculosis testing: Definitions. Requirements.
Section 54-102bb. - Procedures for evaluation of tuberculosis infection.
Section 54-102cc. - Tuberculosis infection control committee.
Section 54-102ee. - Department contract option for testing of tuberculosis.
Section 54-102jj. - Preservation of biological evidence.
Section 54-102kk. - DNA testing of biological evidence.
Section 54-102pp. - Review of wrongful convictions.
Section 54-102uu. - Compensation for wrongful incarceration.
Section 54-103. - Commission on Adult Probation.
Section 54-103a. - Office of Adult Probation.
Section 54-108. - Duties of probation officers.
Section 54-108a. - Supervision of probationers.
Section 54-108b. - Risk assessment and monitoring standards developed by Chief Court Administrator.
Section 54-121. - Indeterminate sentence.
Section 54-123. - Transportation of prisoner discharged from jail.
Section 54-123a. - Judicial Department duties re alternative sanctions and incarceration programs.
Section 54-124. - Board of Parole. Appointment and duties of executive secretary.
Section 54-124a. - Board of Pardons and Paroles.
Section 54-124b. - Caseload of parole officers.
Section 54-124d. - Criminal history records check of Board of Parole personnel.
Section 54-125. - Parole of prisoner serving indeterminate sentence.
Section 54-125b. - Parole of prisoner after administrative review without a hearing.
Section 54-125c. - Sexual offender treatment as precondition for parole hearing.
Section 54-125d. - Deportation parole of aliens.
Section 54-125e. - Special parole. Conditions. Duration. Violation. Hearing. Disposition.
Section 54-125f. - Pilot zero-tolerance drug supervision program.
Section 54-125g. - Parole of prisoner nearing end of maximum sentence.
Section 54-125h. - Transfer of prisoner granted parole and nearing parole release date.
Section 54-125i. - Parole of prisoner without a hearing.
Section 54-125j. - Reporting re outcomes of parole revocation hearings.
Section 54-126. - Rules and regulations concerning parole. Enforcement.
Section 54-126a. - Testimony of crime victim at parole hearing. Notification to victim.
Section 54-127a. - Parole revocation and rescission hearings.
Section 54-128. - Period of confinement in correctional institution after parole violation.
Section 54-129. - Discharge of paroled prisoner.
Section 54-130. - State Prison for Women not covered.
Section 54-130c. (Formerly Sec. 18-30). - Information about prisoner.
Section 54-130e. - Provisional pardons. Certificates of rehabilitation.
Section 54-130f. - Pardon eligibility notice.
Section 54-131. - Employment of paroled or discharged prisoners. Interviews.
Section 54-131a. - Release of inmate on medical parole.
Section 54-131b. - Eligibility for medical parole.
Section 54-131c. - Medical diagnosis.
Section 54-131d. - Conditions of release on medical parole.
Section 54-131e. - Requests for medical diagnosis.
Section 54-131f. - Special panel. Emergency review.
Section 54-131g. - Effect on parole or other release.
Section 54-131k. - Compassionate parole release.
Section 54-132. - Definitions.
Section 54-133. - Interstate Compact for Adult Offender Supervision.
Section 54-142. - Destruction of notes received for unpaid fines.