CHAPTER 78*
JUDICIAL AND STATE MARSHALS

*See Secs. 5-187, 5-187a.

Table of Contents

Sec. 6-29. Ineligibility for office.
Sec. 6-30. Bond.
Sec. 6-30a. Personal liability insurance.
Sec. 6-31. Authority.
Sec. 6-32. Duties.
Secs. 6-32a and 6-32b. Prisoner transportation and courthouse security system; Sheriffs' Advisory Board established. Powers and duties of Sheriffs' Advisory Board.
Sec. 6-32c. Court security officer. Definition. Appointment. Training. Duties. Discharge.
Sec. 6-32d. Responsibility for transportation and custody of prisoners. Lafayette Street courthouse.
Sec. 6-32e. Employment of criminal offenders, excepted.
Sec. 6-32f. Courthouse security. Employment of judicial marshals by Judicial Department.
Sec. 6-32g. Criminal record background investigation of applicants for employment as judicial marshal after December 1, 2000.
Sec. 6-32h. Employment of staff for transferred functions of county sheriff system by Chief Court Administrator.
Sec. 6-33. Salaries.
Sec. 6-33a. Reimbursement to state for use of motor vehicle owned or leased by state, when.
Sec. 6-34. Suppressing mobs. Taxation of expenses.
Sec. 6-35. Failure to pay money collected within required time.
Sec. 6-36. Removal from office by General Assembly.
Secs. 6-37 and 6-37a. Deputies; chief deputy. Reference manual for deputy sheriffs.
Sec. 6-38. Number of state marshals.
Sec. 6-38a. State marshal. Authority to provide legal execution and service of process.
Sec. 6-38b. State Marshal Commission. Members. Duties. Appointment of state marshal to fill vacancy.
Sec. 6-38c. State Marshals Advisory Board. Members. Election.
Sec. 6-38d. Illegal billing by state marshal.
Sec. 6-38e. Review and audit of records and accounts of state marshals by State Marshal Commission.
Sec. 6-38f. Chief Court Administrator to appoint state marshals, when. Notification by deputy sheriffs re desire to be appointed state marshal. Notification of decisions to State Marshal Commission.
Sec. 6-38g. Notification of Chief Court Administrator by high sheriff of desire to be appointed as state marshal.
Sec. 6-38h. Political contribution to appointing authority for State Marshal Commission affects eligibility for appointment as state marshal.
Sec. 6-38i. Special deputy sheriffs and deputy sheriffs serving on December 1, 2000, to continue as judicial marshals and employees of Judicial Department. Collective bargaining unit.
Sec. 6-38j. Appointment or removal of deputy sheriff or special deputy sheriff on or after December 1, 2000.
Sec. 6-38k. Cooperation by high sheriffs with Chief Court Administrator for efficient operation and transition of functions.
Sec. 6-38l. Acts prohibited with respect to high sheriffs in the solicitation of contribution or expenditure, committees and referenda.
Sec. 6-39. Bond of state marshal.
Secs. 6-40 and 6-41. Chief deputies' salaries. Compensation of: Constables for court attendance; deputy sheriffs and special deputy sheriffs for court attendance or services at overnight jail facility.
Sec. 6-42. Accident insurance coverage for deputy sheriffs.
Sec. 6-43. Special deputies.
Secs. 6-44 to 6-46. Appointment of special deputies upon application. Appointment and removal of deputies. Sheriff may recover on bond of deputy; not to demand fee from deputy.
Sec. 6-47. Removal of deputy sheriff by commissioners.
Sec. 6-48. Deputies to continue in office.
Sec. 6-49.
Sec. 6-49a.

Sec. 6-29. Ineligibility for office. No judge, except a judge of probate, and no justice of the peace shall be a state marshal.
(1949 Rev., S. 450; 1953, S. 190d; P.A. 00-99, S. 126, 154.)
History: P.A. 00-99 replaced reference to "hold the office of sheriff or deputy sheriff" with "be a state marshal", effective December 1, 2000.
Acceptance of office of sheriff or deputy sheriff constitutes a surrender of office of justice of the peace. 25 C. 567.

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Sec. 6-30. Bond. Section 6-30 is repealed, effective December 1, 2000.
(1949 Rev., S. 451; P.A. 73-237, S. 1, 3; P.A. 94-177, S. 9; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 153, 154.)

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Sec. 6-30a. Personal liability insurance. On and after December 1, 2000, each state marshal shall be required to carry personal liability insurance for damages caused by reason of his tortious acts in not less than the following amounts: For damages caused to any one person or to the property of any one person, one hundred thousand dollars and for damages caused to more than one person or to the property of more than one person, three hundred thousand dollars. For the purpose of this section "tortious act" means negligent acts, errors or omissions for which such state marshal may become legally obligated to any damages for false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, libel, slander, defamation of character, violation of property rights or assault and battery if committed while making or attempting to make an arrest or against a person under arrest; provided, it shall not include any such act unless committed in the performance of the official duties of such state marshal.
(P.A. 76-15; P.A. 00-99, S. 128, 154.)
History: P.A. 00-99 replaced references to sheriff and deputy sheriff with state marshal, requiring state marshals to carry personal liability insurance for tortious acts, effective December 1, 2000.
Cited. 229 C. 479, 485, 486.
Cited. 44 CS 368.

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Sec. 6-31. Authority. Section 6-31 is repealed, effective December 1, 2000.
(1949 Rev., S. 452; P.A. 00-99, S. 153, 154.)

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Sec. 6-32. Duties. Each state marshal shall receive each process directed to him when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to him to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, he shall be liable to pay double the amount of all damages to the party aggrieved.
(1949 Rev., S. 453; P.A. 79-497, S. 1, 6; P.A. 80-394, S. 9, 13; P.A. 84-108, S. 1; P.A. 00-99, S. 129, 154.)
History: P.A. 79-497 added duties re transportation and custody of prisoners between municipal lockup and geographical area courthouses, effective January 1, 1981; P.A. 80-394 repealed amendment enacted by 1979 act; P.A. 84-108 applied provisions to deputy sheriffs, required that executions be made "promptly" and increased liability to double the amount of all damages to the aggrieved party; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000.
See Sec. 6-32a et seq. re prisoner transportation and courthouse security system.
Damages are recoverable for failure to make service of execution. 2 R. 251. In serving civil process the officer alone is liable for illegal acts done without the assent of plaintiff. 2 R. 347. Degree of diligence required of officer in service of process. 1 D. 128; 15 C. 46. Lawful levy having been made, subsequent neglect of duty will not make officer a trespasser. 4 D. 264. Body of debtor may be levied on if personal property is not turned out on demand. 4 D. 382. Extent of liability of officer for neglect of duty. 5 D. 37. Rule of damages for failure to return execution and for false return. 5 D. 221. Order enlarging jail limits, held justification for escape, when. 5 D. 506. Officer may release the body and attach personal estate. 1 C. 258. Liable at common law for neglect of official duty. 1 C. 349. No agreement between parties as to forbearance will excuse officer. 2 C. 418. Testimony of officer not admissible to change his return on execution. 3 C. 532. Return on execution is prima facie evidence of the facts stated therein, but not conclusive. 4 C. 94, 426; 6 C. 337; 15 C. 36; 28 C. 241. Evidence is admissible to explain or change return made by officer. 4 C. 361. Special directions to officer not necessary, nor do they excuse neglect of official duty. 4 C. 535. Officer is not responsible for deficiency in proceeds of sale except for neglect and bad faith. 5 C. 480. Liability of officer for money paid on execution on judgment afterwards reversed. 6 C. 372. Officer liable for levy of void execution, but not for levy of execution erroneously issued. 7 C. 6. It is a presumption of law that an officer has done his duty. 7 C. 367, 512; 8 C. 137. In an action against an officer for defective levy on land, debtor's lack of title in land may be shown. 9 C. 45. Duty and liability of officer not affected by his knowledge if process is regular. 9 C. 145. Distinction between liability arising from failure to return mesne process and failure to return execution. 9 C. 221, 222. Rule of damages for neglect of duty in service of mesne process. 9 C. 385; 10 C. 5; 16 C. 558; 26 C. 333; 70 C. 150. Liability for misconduct in discharging a lien created by attachment. 15 C. 272. An officer attaching goods subject to lien for freight by paying the freight is subrogated to rights of carrier. 16 C. 85. Levy of execution on property exempt is the same in principle as levy on property of third person. 16 C. 147. Officer's liability for attachment when not subsequently complying with all legal requirements. 16 C. 548. No liability for not attaching real estate unless so directed. 16 C. 558. Not liable for neglect if acting under creditor's directions. 19 C. 99. In action against officer for an escape, admissions of original defendant are admissible to show cause of action against him. 25 C. 506. Failure to return writ makes officer attaching thereon a trespasser ab initio, and liable for actual damage. 25 C. 574; 56 C. 322. Escape of one arrested under civil process. 70 C. 143. Who may take advantage of failure to return. 46 C. 391. Officer is not liable for neglect to serve nor for false return until actual damage results. 26 C. 332-339. Demand must be made before action lies for attached goods delivered by officer to receiptor. 27 C. 265−268. Officer not bound to defer return of execution till expiration of its term. 27 C. 495. Contract between officer and receiptor when not affected by expiration of attachment lien. 28 C. 261. Not liable in trespass for goods sold under decree of court on invalid mortgage. 28 C. 512. In absence of instructions negligence not imputed to officer if execution is served within the limit of time prescribed therein. 31 C. 580. Various points concerning liability of receiptors. 33 C. 186; 36 C. 468. Ground of recovery by officer for attached property taken away by third person. 37 C. 596. Bond of officer liable for default occurring after the expiration of term of office. 48 C. 131. In absence of agreement an attorney placing writ in hands of officer for service is liable for fees of service. 49 C. 342. When cause of action accrues against officer for neglect in serving execution in foreign attachment. 50 C. 526. Liability of officer for selling attached property after attachment lien has been dissolved by insolvency. 62 C. 315. Rule of damages for neglect of officer when original judgment was not obtained. 70 C. 150. Liability of officer for unlawful acts, as attaching exempt property. 75 C. 104. Joint liability of plaintiff who directs wrongful attachment. 70 C. 341. Failure to return writ makes officer a trespasser. 72 C. 338. Officer who in good faith serves execution on judgment not discharged of record, or one issued after death of judgment creditor protected. 79 C. 682. Officer who joins with justice in defense to charge of false imprisonment stands or falls with him. 75 C. 356. Responsibility of sheriff for prisoner awaiting trial. 72 C. 728.
Cited. 41 CA 659, 662.
Cited. 44 CS 368.

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Secs. 6-32a and 6-32b. Prisoner transportation and courthouse security system; Sheriffs' Advisory Board established. Powers and duties of Sheriffs' Advisory Board. Sections 6-32a and 6-32b are repealed, effective December 1, 2000.
(P.A. 80-394, S. 1, 2, 13; P.A. 81-235; P.A. 87-496, S. 44, 110; P.A. 89-272; June Sp. Sess. P.A. 91-12, S. 42, 55; P.A. 94-177, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; July 21 Sp. Sess. P.A. 97-1, S. 7, 8; P.A. 00-99, S. 139, 140, 153, 154.)

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Sec. 6-32c. Court security officer. Definition. Appointment. Training. Duties. Discharge. Section 6-32c is repealed.
(P.A. 80-394, S. 3, 13; P.A. 81-437, S. 10, 12; P.A. 84-397, S. 6, 7.)

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Sec. 6-32d. Responsibility for transportation and custody of prisoners. Lafayette Street courthouse. (a) Except as otherwise agreed between the advisory board and the Department of Correction or other appropriate agency as of April 12, 2000, the responsibility for transportation and custody of prisoners shall be assumed as follows:
(1) The Judicial Department shall be responsible for the transportation of male prisoners between courthouses and: (A) Community correction centers, until sentencing; (B) other places of confinement after arraignment and until sentencing; and (C) the place of initial confinement, after sentencing. In addition, the Judicial Department shall be responsible for the transportation of adult female prisoners between courthouses and community correction centers, not including the correctional institution at Niantic. If such transportation is in other than state vehicles, the owner of the vehicle used shall be reimbursed by the state at the rate then established for state employees within the Office of Policy and Management.
(2) The Department of Correction shall be responsible for the transportation of adult female prisoners between places of confinement and either courthouses or community correction centers, at the discretion of the Commissioner of Correction. In the transportation of prisoners between courthouses and community correctional centers, there shall be complete separation of male and female prisoners.
(3) The Judicial Department shall be responsible for the custody of prisoners at courthouses, except that the local police operating any lockup which is designated by the Chief Court Administrator as a courthouse lockup shall be responsible for the custody of prisoners within that lockup. In addition, if such designated lockup is not in the same building as the courthouse serviced by it, the local police operating such designated lockup shall be responsible for escorting prisoners from the lockup to the courthouse. The town in which such a designated lockup is located shall be reimbursed pursuant to section 7-135a.
(4) In Hartford County, the Lafayette Street courthouse shall be used as housing for persons arrested by the police department of the city of Hartford and held for presentment at the next session of the court pursuant to the following terms and conditions: (A) No arrestees shall be admitted or released directly to or from the lockup, and no social visits shall be permitted at the lockup; (B) all processing and booking shall be accomplished by the police department of the city of Hartford at its booking facility; (C) after arrival at the lockup and prior to arraignment, the release of any arrestee, with or without bond, shall be accomplished by the police department of the city of Hartford from its booking facility; and (D) the Judicial Department shall be responsible for the operation of the lockup at the Lafayette Street courthouse and the transportation of arrestees prior to arraignment from the Morgan Street facility or other booking facility of the police department of the city of Hartford.
(b) The Judicial Department shall employ judicial marshals for prisoner custody and transportation responsibilities pursuant to this section. The Chief Court Administrator may establish employment standards and implement appropriate training programs to assure secure prisoner custody and transportation. Such standards and programs shall be in force and effect by December 1, 2000. Any property used by the sheriffs for prisoner transportation shall be transferred to the Judicial Department.
(c) The Judicial Department may enter into an agreement with state agencies for the management, training or coordination, or any combination thereof of courthouse security and prisoner custody and transportation functions.
(P.A. 80-394, S. 10, 13; P.A. 81-472, S. 3, 159; P.A. 84-397, S. 3, 7; P.A. 94-177, S. 1; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 1, 154; 00-210, S. 1, 5.)
History: P.A. 81-472 replaced alphabetic Subdiv. indicators with numeric indicators and numeric Subpara. indicators with alphabetic indicators as necessary to conform with other statutes and made minor changes in wording of Subdiv. (1), formerly (a); P.A. 84-397 amended Subdiv. (1) to delete reference to prisoner transportation performed by court security officers; P.A. 94-177 added Subdiv. (4) re use of Lafayette Street courthouse and the responsibilities of the police department of the city of Hartford and the high sheriff of Hartford County; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 designated existing provisions as Subsec. (a), amended said Subsec. (a) by adding "as of April 12, 2000," by transferring functions of high sheriffs to Judicial Department with respect to the transportation and custody of prisoners in Subdivs. (1), (3) and (4), and by providing in Subdiv. (2) that in the transportation of prisoners between courthouses and community correctional centers, there shall be a complete separation of male and female prisoners, added Subsec. (b) re employment of judicial marshals by Judicial Department for prisoner custody and transportation, the establishment of standards and training by Chief Court Administrator by December 1, 2000, and transfer of property used by sheriffs for prisoner transportation to Judicial Department, and added Subsec. (c) requiring Judicial Department to enter into agreement with state agencies for management, training or coordination for courthouse security and prisoner custody and transportation functions, effective December 1, 2000; P.A. 00-210 changed "shall" to "may" in Subsec. (c), effective December 1, 2000.
Cited. 229 C. 479, 491.

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Sec. 6-32e. Employment of criminal offenders, excepted. Sections 46a-79 to 46a-81, inclusive, shall not be applicable to the prisoner transportation and courthouse security system, as established under section 6-32a, provided nothing herein shall be construed to preclude the prisoner transportation and courthouse security system, as established under section 6-32a, in its discretion from adopting the policy set forth in said sections.
(P.A. 80-394, S. 4, 13.)

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Sec. 6-32f. Courthouse security. Employment of judicial marshals by Judicial Department. The Judicial Department shall be responsible for courthouse security and shall employ judicial marshals for such purpose. The Chief Court Administrator may establish employment standards and implement appropriate training programs to assure court security. Any property used by the sheriffs for court security shall be transferred to the Judicial Department. The Chief Court Administrator shall be responsible for the custody, care and control of courthouse facilities.
(P.A. 00-99, S. 2, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-32g. Criminal record background investigation of applicants for employment as judicial marshal after December 1, 2000. After December 1, 2000, the Chief Court Administrator shall require an applicant for employment as a judicial marshal pursuant to sections 6-32d and 6-32f to submit to a criminal record background investigation, to be conducted by the Department of Public Safety and the Federal Bureau of Investigation. The applicant shall pay all processing fees incurred for such investigation.
(P.A. 00-99, S. 3, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-32h. Employment of staff for transferred functions of county sheriff system by Chief Court Administrator. The Chief Court Administrator shall employ, within available appropriations for such purpose, such staff as are necessary to support the transferred functions of the county sheriff system. The Chief Court Administrator shall first offer such employment to qualified persons employed in the administration of the county sheriff system on July 1, 2000.
(P.A. 00-99, S. 10, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-33. Salaries. The sheriffs elected in the several counties shall receive salaries annually as follows: The sheriffs of the counties of New Haven, Hartford, Fairfield and New London, thirty-seven thousand dollars each; the sheriffs of the counties of Middlesex, Tolland, Litchfield and Windham, thirty-five thousand dollars each. Said salaries shall be paid by the state and shall be in full compensation for the performance of all duties required by law to be performed by any of said sheriffs for the state of Connecticut. Said salaries shall be in lieu of all other salaries paid by the state to said sheriffs. Commencing December 1, 2000, the Department of Administrative Services shall be responsible for the administrative functions of the Office of the County Sheriffs.
(1949 Rev., S. 3619; 1951, 1955, S. 1977d; 1959, P.A. 152, S. 10; February, 1965, P.A. 420, S. 1; 1967, P.A. 387, S. 1; P.A. 77-576, S. 60, 65; P.A. 82-442, S. 2, 5; P.A. 87-413, S. 1, 3; P.A. 00-99, S. 141, 154; 00-210, S. 4, 5.)
History: 1959 act deleted references to services for and payment by counties; 1965 act raised the salaries of the sheriffs of New Haven, Hartford, Fairfield, and New London counties from eight thousand five hundred to ten thousand five hundred dollars, of the sheriffs of Middlesex and Tolland counties from five thousand to eighty-five hundred dollars, of the sheriff of Litchfield from six thousand to eighty-five hundred dollars and of the sheriff of Windham from seven thousand to eighty-five hundred dollars; 1967 act increased salaries of sheriffs of New Haven, Hartford, Fairfield and New London counties to thirteen thousand five hundred dollars and salaries of sheriffs of Middlesex, Tolland, Litchfield and Windham counties to eleven thousand five hundred dollars; P.A. 77-576 raised salaries of New Haven, Hartford, Fairfield and New London county sheriffs to eighteen thousand five hundred dollars and of Middlesex, Tolland, Litchfield and Windham county sheriffs to sixteen thousand five hundred dollars, effective January 1, 1979; P.A. 82-442 increased the sheriffs' salaries by four thousand dollars each, to twenty-two thousand five hundred dollars in the New Haven, Hartford, Fairfield and New London counties, and to twenty thousand five hundred dollars in Middlesex, Tolland, Litchfield and Windham counties, effective January 5, 1983; P.A. 87-413 increased salaries of sheriffs in counties of New Haven, Hartford, Fairfield and New London to thirty-seven thousand dollars and increased salaries of sheriffs of counties of Middlesex, Tolland, Litchfield and Windham to thirty-five thousand dollars; P.A. 00-99 deleted provision concerning service of process and payment of fees to sheriffs and added provision that commencing December 1, 2000, the Department of Administrative Services shall be responsible for administrative functions of Office of County Sheriffs, effective April 27, 2000; P.A. 00- 210 restored language of section to version in effect prior to amendments made by P.A. 00-99, effective June 1, 2000 (Revisor's note: In accordance with P.A. 00-210, S. 5, the amendments made by P.A. 00-210, S. 4 ceased to be effective on December 1, 2000, thereby reinstating the changes made by P.A. 00-99).
See Sec. 52-261 re fees and expenses of officers and persons serving process.
Sheriff entitled to separate mileage fee for each process even though served on one trip; same true of attachment fee and time charges. 6 CS 261.

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Sec. 6-33a. Reimbursement to state for use of motor vehicle owned or leased by state, when. On or after July 1, 1994, a high sheriff shall reimburse the state, at the rate of twenty-one cents for each mile, for any use of a motor vehicle owned or leased by the state when such sheriff is performing a service for any private individual, business or corporation, provided such sheriff receives payment for such mileage by such private individual, business or corporation.
(P.A. 94-177, S. 7; May 25 Sp. Sess. P.A. 94-1, S. 67, 130.)
History: May 25 Sp. Sess. P.A. 94-1, S. 67, effective July 1, 1994, revised effective date of P.A. 94-177, changing effective date of this section from October 1, 1994, to July 1, 1994.

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Sec. 6-34. Suppressing mobs. Taxation of expenses. Section 6-34 is repealed, effective December 1, 2000.
(1949 Rev., S. 3620; P.A. 00-99, S. 153, 154.)

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Sec. 6-35. Failure to pay money collected within required time. Any state marshal shall pay over to the person authorized to receive it, any money collected by such marshal on behalf or on account of such person, within thirty calendar days from the date of collection of the money or upon the collection of one thousand dollars, whichever first occurs, provided any state marshal who fails to pay over to the person authorized to receive it, any money collected by such marshal on behalf or for the account of such person, within thirty calendar days from the date of collection of the money or upon the collection of one thousand dollars, shall be liable to such person for the payment of interest on the money at the rate of five per cent per month from the date on which such state marshal received the money.
(1949 Rev., S. 454; P.A. 84-108, S. 2; P.A. 94-177, S. 3; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 12, 154.)
History: P.A. 84-108 revised section to provide that any sheriff or deputy sheriff who fails to pay over to authorized person money collected by him within fifteen days, is liable for payment of interest of five per cent from the date of receipt, replacing prior provisions wherein interest was set at two per cent; P.A. 94-177 added requirement that sheriff or deputy sheriff pay over money collected by him within ninety days or upon collection of one thousand dollars, whichever first occurs; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 changed sheriff or deputy sheriff to state marshal and changed ninety to thirty calendar days, effective December 1, 2000.
Sheriff may be factorized. 28 C. 108-110.

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Sec. 6-36. Removal from office by General Assembly. If any sheriff (1) knowingly demands or receives illegal fees for serving process, (2) illegally detains any money collected by him or (3) refuses to satisfy any execution issued against him, the General Assembly shall remove him from office. The terms "knowingly demands" and "receives", as used in this section, include billing for and the receipt of fees for work by a sheriff who did not actually perform the work for which billing is made or for which payment has been received.
(1949 Rev., S. 455; P.A. 84-108, S. 3.)
History: P.A. 84-108 divided section into subdivisions and defined terms "knowingly demands" and "receives".
See Sec. 52-70 re process server's endorsement for fees and penalty for exacting illegal fees.
Cited. 229 C. 479, 486, 490, 493−496.

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Secs. 6-37 and 6-37a. Deputies; chief deputy. Reference manual for deputy sheriffs. Sections 6-37 and 6-37a are repealed, effective December 1, 2000.
(1949 Rev., S. 456; 1955, S. 192d; P.A. 82-307, S. 7; P.A. 94-177, S. 8; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 153, 154.)

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Sec. 6-38. Number of state marshals. The number of state marshals to be appointed for Hartford County shall not exceed seventy-two; for New Haven County, sixty-two; for New London County, thirty-eight; for Fairfield County, fifty-five; for Windham County, eighteen; for Litchfield County, thirty; for Middlesex County, twenty-one; for Tolland County, twenty-two.
(1949 Rev., S. 457; 1951, 1955, S. 193d; 1959, P.A. 339; 656, S. 1; P.A. 75-535; P.A. 83-548, S. 2, 3; P.A. 87-552; P.A. 94-177, S. 4; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 9, 154.)
History: 1959 acts increased number of sheriffs for Hartford, New Haven, New London, Fairfield, Middlesex and Tolland counties; P.A. 75-535 changed maximum number of deputies from forty-five to fifty-five in Hartford county, from fifty-five to sixty in New Haven county, from twenty-eight to thirty-eight in New London county, from fifteen to eighteen in Windham county, from twenty-four to thirty in Litchfield county, from seventeen to twenty-one in Middlesex county and from eighteen to twenty-two in Tolland county; P.A. 83-548 increased the number of deputy sheriffs for Hartford county from fifty-five to sixty and increased the number from fifty to fifty-five for Fairfield county; P.A. 87-552 increased the number of deputy sheriffs for Hartford county from sixty to sixty-six; P.A. 94-177 increased number of deputy sheriffs from sixty-six to seventy-two for Hartford County and from sixty to sixty-two for New Haven County; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 changed reference to deputy sheriffs to state marshals and deleted provision that permitted sheriffs to appoint each other as deputy sheriffs and on special occasions to depute any proper person to execute process, effective April 27, 2000.
Authority of sheriff to deputize city clerk to post notice on town signposts is doubtful. 184 C. 483, 493.
Sheriff may serve process as deputy sheriff in another county. 4 CS 452.

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Sec. 6-38a. State marshal. Authority to provide legal execution and service of process. (a) "State marshal" means a qualified deputy sheriff incumbent on June 30, 2000, under section 6-38 or appointed pursuant to section 6-38b who shall have authority to provide legal execution and service of process in the counties in this state pursuant to section 6-38 as an independent contractor compensated on a fee for service basis, determined, subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency requiring execution or service of process.
(b) Any state marshal, shall, in the performance of execution or service of process functions, have the right of entry on private property and no such person shall be personally liable for damage or injury, not wanton, reckless or malicious, caused by the discharge of such functions.
(P.A. 00-99, S. 7, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-38b. State Marshal Commission. Members. Duties. Appointment of state marshal to fill vacancy. (a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex officio, nonvoting members of the commission.
(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.
(c) No more than four of the members, other than the chairperson may be members of the same political party. Of the seven nonjudicial members, other than the chairperson, at least three shall not be members of the bar of any state.
(d) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.
(e) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.
(f) The commission shall establish professional standards, including training requirements and minimum fees for execution and service of process. Such standards and requirements shall be in force and effect by December 1, 2000.
(g) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission.
(h) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time.
(i) No state marshal may be removed except by order of the commission for cause after due notice and hearing.
(j) The commission may adopt such rules as it deems necessary for conduct of its internal affairs and for the application and investigation requirements for filling vacancies in the position of state marshal.
(k) The commission shall be an autonomous body within the Judicial Department for fiscal and budgetary purposes only.
(P.A. 00-99, S. 8, 154.)
History: P.A. 00-99 effective April 27, 2000.

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Sec. 6-38c. State Marshals Advisory Board. Members. Election. (a) There is established a State Marshals Advisory Board which shall consist of twenty-four state marshals. Between November 9, 2000, and November 14, 2000, and annually thereafter, the state marshals in each county shall elect from among the state marshals in their county the following number of state marshals to serve on the board: Hartford, New Haven and Fairfield counties, four state marshals; New London and Litchfield counties, three state marshals; and Tolland, Middlesex and Windham counties, two state marshals. State marshals elected to serve on the board shall serve for a term of one year and may be reelected.
(b) On or after April 27, 2000, the Chief Court Administrator shall designate a date and time for the state marshals in each county to come together for the purpose of electing state marshals from each county to serve on the State Marshals Advisory Board pursuant to subsection (a) of this section. A majority of the filled state marshal positions in each county shall constitute a quorum for that county. The election of state marshals to serve on the board shall be by majority vote. The names of the state marshals elected in each county shall be forwarded to the Chief Court Administrator. The Chief Court Administrator, upon receipt of the election results from all counties, shall designate a date and time for the first meeting of the board to take place as soon as practicable after November 14, 2000.
(P.A. 00-99, S. 146, 154.)
History: P.A. 00-99 effective April 27, 2000.

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Sec. 6-38d. Illegal billing by state marshal. No state marshal shall knowingly bill for, or receive fees for, work that such state marshal did not actually perform.
(P.A. 00-99, S. 150, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-38e. Review and audit of records and accounts of state marshals by State Marshal Commission. The State Marshal Commission shall periodically review and audit the records and accounts of the state marshals. Upon the death or disability of a state marshal, the commission shall appoint a qualified individual to oversee and audit the records and accounts of such state marshal and render an accounting to the commission.
(P.A. 00-99, S. 152, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-38f. Chief Court Administrator to appoint state marshals, when. Notification by deputy sheriffs re desire to be appointed state marshal. Notification of decisions to State Marshal Commission. (a) Notwithstanding the provisions of section 6-38, until the appointment of members of the State Marshal Commission under section 6-38b, the Chief Court Administrator is authorized to appoint as a state marshal any eligible individual who applies for such a position. Any eligible individual appointed prior to December 1, 2000, shall have the same powers, duties and liabilities as a deputy sheriff from the date of such individual's appointment until December 1, 2000. For purposes of this section "eligible individual" means an individual who was a deputy sheriff on or after May 31, 1995, who had served as a deputy sheriff for a period of not less than four years and who has submitted an application to the Chief Court Administrator on or before June 30, 2000.
(b) (1) Any deputy sheriff serving as a deputy sheriff on April 27, 2000, shall notify the Chief Court Administrator on or before June 30, 2000, of the desire of such deputy sheriff to be appointed as a state marshal.
(2) Any deputy sheriff performing court security, prisoner custody or transportation services on April 27, 2000, who desires to perform such functions as a judicial marshal, or desires to be appointed as a state marshal, shall so notify the Chief Court Administrator on or before June 30, 2000.
(3) The Chief Court Administrator shall notify, in writing, the State Marshal Commission of the decisions of the deputy sheriffs pursuant to subdivisions (1) and (2) of this subsection.
(c) For purposes of the State Marshal Commission filling any vacancy in the position of state marshal in any county in accordance with subsection (g) of section 6-38b, nothing in subsection (a) of this section shall be construed to authorize the State Marshal Commission to fill a vacancy in any county if the total number of state marshals in such county is equal to or exceeds the number allowed under section 6-38.
(P.A. 00-99, S. 142, 154; 00-210, S. 2, 5.)
History: P.A. 00-99 effective April 27, 2000; P.A. 00-210 added provision in Subsec. (a) that any eligible individual appointed as state marshal prior to December 1, 2000, shall have same powers, duties and liabilities as deputy sheriff from date of appointment until December 1, 2000, effective June 1, 2000.

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Sec. 6-38g. Notification of Chief Court Administrator by high sheriff of desire to be appointed as state marshal. Notwithstanding the provisions of sections 6-38a and 6-38f, no high sheriff who appointed himself or herself a deputy sheriff or has been appointed a deputy sheriff by another high sheriff pursuant to section 6-38 shall become a state marshal on or after December 1, 2000, by virtue of being a deputy sheriff, except that a high sheriff may notify the Chief Court Administrator on or before June 30, 2000, of the desire of such high sheriff to be appointed as a state marshal, and such high sheriff may be appointed as a state marshal after December 1, 2000, provided such high sheriff resigns his or her position as high sheriff effective December 1, 2000.
(P.A. 00-210, S. 3, 5.)
History: P.A. 00-210 effective June 1, 2000.

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Sec. 6-38h. Political contribution to appointing authority for State Marshal Commission affects eligibility for appointment as state marshal. Any person who pays, lends or contributes anything of value to a person who is an appointing authority for the State Marshal Commission under section 6-38b for political purposes shall not be eligible for appointment as a state marshal for a period of two years.
(P.A. 00-99, S. 151, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-38i. Special deputy sheriffs and deputy sheriffs serving on December 1, 2000, to continue as judicial marshals and employees of Judicial Department. Collective bargaining unit. All special deputy sheriffs serving on December 1, 2000, as prisoner custody and transportation personnel and as court security personnel and all deputy sheriffs serving on December 1, 2000, as prisoner custody or transportation personnel and as court security personnel who elect to continue to perform such functions under section 6-38f shall continue to provide such prisoner custody, transportation or court security services after December 1, 2000, as judicial marshals and shall be employees of the Judicial Department. The Judicial Department shall recognize the bargaining unit of special deputy sheriffs for the purpose of collective bargaining with judicial marshals.
(P.A. 00-99, S. 130, 154.)
History: P.A. 00-99 effective December 1, 2000.

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Sec. 6-38j. Appointment or removal of deputy sheriff or special deputy sheriff on or after December 1, 2000. On or after December 1, 2000, no sheriff may appoint or remove any deputy sheriff or special deputy sheriff.
(P.A. 00-99, S. 143, 154.)
History: P.A. 00-99 effective April 27, 2000.

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Sec. 6-38k. Cooperation by high sheriffs with Chief Court Administrator for efficient operation and transition of functions. Before December 1, 2000, each high sheriff, in carrying out the duties of sheriff, shall cooperate with the Chief Court Administrator to ensure the efficient operation of the office of sheriff and transition of the functions of said office to the Judicial Department.
(P.A. 00-99, S. 144, 154.)
History: P.A. 00-99 effective April 27, 2000.

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Sec. 6-38l. Acts prohibited with respect to high sheriffs in the solicitation of contribution or expenditure, committees and referenda. (a) As used in the section:
(1) "Contribution" has the same meaning as "contribution", as defined in section 9-333b, except that the exclusions to said term in subsection (b) of said section shall not apply;
(2) "Expenditure" has the same meaning as "expenditure", as defined in section 9- 333c, except that the exclusions to said term in subsection (b) of said section shall not apply; and
(3) "Immediate family" means a dependent relative who resides in the individual's household or any spouse, child or parent of the individual.
(b) No high sheriff may, directly or indirectly, solicit a contribution or an expenditure from a deputy sheriff, a special deputy sheriff, an employee of the high sheriff, a member of the immediate family of a deputy sheriff, special deputy sheriff or employee of the high sheriff, or a business client with whom the high sheriff has conducted business in his capacity as high sheriff during the preceding twelve months, for (1) an exploratory committee or a candidate committee established by a high sheriff, (2) a political committee established by a high sheriff or an agent of a high sheriff, (3) the aid or promotion of the success or defeat of a referendum question or (4) any other purpose for which contributions or expenditures may be made under chapter 150.
(c) A high sheriff commits a violation of this section when such high sheriff, with intent that conduct that would constitute a violation of this section if performed by a high sheriff be performed by another person, agrees with one or more persons to engage in or cause the performance of such conduct and any one of them commits an overt act in pursuance of such agreement.
(d) Any person who violates any provision of this section shall be guilty of a class D felony.
(P.A. 00-99, S. 149, 154.)
History: P.A. 00-99 effective April 27, 2000.

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Sec. 6-39. Bond of state marshal. Each state marshal, before entering upon the duties of a state marshal, shall give to the State Marshal Commission a bond in the sum of ten thousand dollars conditioned that such state marshal will faithfully discharge the duties of state marshal and answer all damages which any person sustains by reason of such state marshal's unfaithfulness or neglect. The premium for said bonds shall be paid by the state. No state marshal shall collect tax warrants for the state or any municipality until such state marshal executes a bond in the sum of one hundred thousand dollars.
(1949 Rev., S. 458; 1961, P.A. 526; P.A. 73-237, S. 2, 3; P.A. 94-177, S. 10; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 127, 154.)
History: 1961 act provided that bond premiums be paid by state; P.A. 73-237 exempted sheriffs already bonded from deputy's bond requirement when serving as deputies; P.A. 94-177 added requirement of bond of one hundred thousand dollars for deputy sheriffs who collect tax warrants; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 replaced references to deputy sheriff with state marshal, replaced reference to sheriff with State Marshal Commission and deleted provision re bond of sheriff, effective December 1, 2000.
Facts held to show reasonable care in removal of goods from house by deputy sheriff acting under execution in summary process. 106 C. 389.
Cited. 4 CS 175; 19 CS 259.

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Secs. 6-40 and 6-41. Chief deputies' salaries. Compensation of: Constables for court attendance; deputy sheriffs and special deputy sheriffs for court attendance or services at overnight jail facility. Sections 6-40 and 6-41 are repealed, effective December 1, 2000.
(1949 Rev., S. 3621; 1951, S. 1978d; 1955, S. 194d, 1978d; 1959, P.A. 362, S. 1; 438; 1963, P.A. 117; 1967, P.A. 576, S. 1; 683; P.A. 74-183, S. 164, 291; P.A. 76-436, S. 564, 681; P.A. 77-576, S. 51, 61, 65; P.A. 82-442, S. 3, 5; P.A. 84- 397, S. 1, 7; P.A. 85-140, S. 4; P.A. 87-413, S. 2, 3; P.A. 88-279, S. 1, 3; P.A. 90-291, S. 1, 2; July 21 Sp. Sess. P.A. 97- 1, S. 2, 8; P.A. 00-99, S. 153, 154.)

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Sec. 6-42. Accident insurance coverage for deputy sheriffs. Section 6-42 is repealed.
(1957, P.A. 405; 1959, P.A. 152, S. 99.)

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Sec. 6-43. Special deputies. From July 1, 1997, to June 30, 1999, special deputy sheriffs shall be subject to the provisions of chapter 68, except that said special deputies shall not be allowed to petition the Connecticut State Board of Labor Relations to form a bargaining unit prior to July 1, 1999. On and after July 1, 1999, special deputy sheriffs shall be subject to the provisions of chapters 66 to 68, inclusive.
(1949 Rev., S. 459; 1959, P.A. 362, S. 2; P.A. 80-394, S. 5, 13; P.A. 84-397, S. 4, 7; P.A. 92-61, S. 1, 2; P.A. 94-177, S. 5; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 97-148, S. 2, 8; P.A. 00-99, S. 11, 154.)
History: 1959 act authorized appointment of special deputies when needed for court attendance; P.A. 80-394 added provisions concerning special deputies appointed as court security officers; P.A. 84-397 deleted provisions concerning the appointment of special deputies as court security officers, the aggregate number of such officers and the termination or dismissal of such officers; P.A. 92-61 added provision excluding special deputy sheriffs from provisions of chapters 66 to 68, inclusive; P.A. 94-177 added provision that special deputy sheriffs may be removed for just cause after due notice and hearing, replacing provision re sheriff's power to dismiss deputies when appointing sheriff deems them to be no longer necessary; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 97-148 made special deputies subject to Ch. 68 until June 1999, and thereafter to Chs. 66 to 68, and delayed the right of special deputies to petition to form a bargaining unit, effective July 1, 1997; P.A. 00-99 deleted provision re appointment, powers and term of office of special deputy sheriffs and changed "State Labor Board" to "Connecticut State Board of Labor Relations", effective December 1, 2000.
Cited. 229 C. 479, 481.

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Secs. 6-44 to 6-46. Appointment of special deputies upon application. Appointment and removal of deputies. Sheriff may recover on bond of deputy; not to demand fee from deputy. Sections 6-44 to 6-46, inclusive, are repealed, effective December 1, 2000.
(1949 Rev., S. 460−462; P.A. 80-161; P.A. 94-177, S. 6; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 153, 154.)

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Sec. 6-47. Removal of deputy sheriff by commissioners. Section 6-47 is repealed.
(1949 Rev., S. 463; 1959, P.A. 152, S. 99.)

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Sec. 6-48. Deputies to continue in office. Section 6-48 is repealed, effective December 1, 2000.
(1949 Rev., S. 464; 1959, P.A. 152, S. 11; P.A. 00-99, S. 153, 154.)

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Sec. 6-49. Transferred to Chapter 959, Sec. 54-1f.

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Sec. 6-49a. Transferred to Chapter 959, Sec. 54-1h.

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