Sec. 54-47a. Compelling testimony of witness. Immunity from prosecution. (a)
Whenever in the judgment of the Chief State's Attorney, a state's attorney or the deputy
chief state's attorney, the testimony of any witness or the production of books, papers
or other evidence of any witness (1) in any criminal proceeding involving narcotics,
arson, bribery, gambling, election law violations, felonious crimes of violence, any
violation which is an offense under the provisions of title 22a, corruption in the executive,
legislative or judicial branch of state government or in the government of any political
subdivision of the state, fraud by a vendor of goods or services in the medical assistance
program under Title XIX of the Social Security Act amendments of 1965, as amended,
any violation of chapter 949c, or any other class A, B or C felony or unclassified felony
punishable by a term of imprisonment in excess of five years for which the Chief State's
Attorney or state's attorney demonstrates that he has no other means of obtaining sufficient information as to whether a crime has been committed or the identity of the person
or persons who may have committed a crime, before a court or grand jury of this state
or (2) in any investigation conducted by an investigatory grand jury as provided in
sections 54-47b to 54-47g, inclusive, is necessary to the public interest, the Chief State's
Attorney, the state's attorney, or the deputy chief state's attorney, may, with notice to
the witness, after the witness has claimed his privilege against self-incrimination, make
application to the court for an order directing the witness to testify or produce evidence
subject to the provisions of this section.
(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.
(1969, P.A. 631, S. 1; P.A. 74-183, S. 140, 291; 74-227, S. 1, 2; P.A. 76-436, S. 539, 681; P.A. 78-96, S. 3-5; P.A. 80-313, S. 6; P.A. 81-104; P.A. 85-611, S. 8; P.A. 87-350, S. 4, 6.)
History: P.A. 74-183 replaced circuit court with court of common pleas in accordance with reorganization of the judicial
system, effective December 31, 1974; P.A. 74-227 deleted reference to prosecuting attorneys, added references to chief
state's attorney, deputy chief state's attorneys, state referees, superior court judges and three-judge panels and extended
applicability of provisions to cases involving violation of election laws; P.A. 76-436 deleted references to court of common
pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 78-96 applied provisions to
violations which are offenses under Title 25 provisions; P.A. 80-313 divided section into Subsecs. and made minor wording
changes in Subsec. (b); P.A. 81-104 provided that immunity from prosecution may be granted to any witness in a criminal
proceeding involving arson or bribery; P.A. 85-611 amended Subsec. (a) to replace reference to repealed Sec. 54-47 with
provision that testimony or evidence may be compelled "in any investigation conducted by an investigatory grand jury as
provided in sections 54-47b to 54-47g, inclusive"; P.A. 87-350 added provisions re criminal proceeding involving violation
of title 22a, corruption in executive, legislative or judicial branch of state government or in government of political subdivision of state, fraud by a vendor of goods or services in the medical assistance program under Title XIX of the Social
Security Act amendments of 1965, any violation of chapter 949c or any other class A, B or C felony or unclassified felony
punishable by a term of imprisonment in excess of five years for which chief state's attorney or state's attorney demonstrates
that he has no other means of obtaining sufficient information as to whether crime has been committed or identity of person
who may have committed a crime.
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, 21. 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, 306. Cited. 191 C. 670, 674. Cited. 201 C. 559, 566-568. Cited.
202 C. 541-543, 545, 549, 550, 552-554, 556-560. Cited. 204 C. 259, 278. Defendant lacks standing to challenge procedure
by which a witness has been immunized. 206 C. 203-205, 212. Cited. 207 C. 98, 101. Secs. 54-47a-54-47h also cited. Id.
Cited. 213 C. 66, 71. Cited. 221 C. 625, 630, 634.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450. Cited. 33 CA 521, 526.
Cited. 45 CS 1.
Subsec. (a):
Cited. 206 C. 203, 209.
Cited. 33 CA 521, 526.
Subsec. (b):
Cited. 206 C. 203, 205, 206, 209-212.
Sec. 54-47b. Investigatory grand jury. Definitions. For the purposes of sections
54-47a to 54-47h, inclusive:
(1) "Applicant" means any judge of the Superior Court, Appellate Court or Supreme
Court, the Chief State's Attorney or a state's attorney who makes an application to a
panel of judges for an investigation into the commission of a crime or crimes.
(2) "Crime or crimes" means (A) any crime or crimes involving corruption in the
executive, legislative or judicial branch of state government or in the government of
any political subdivision of the state, (B) fraud by a vendor of goods or services in the
medical assistance program under Title XIX of the Social Security Act Amendments
of 1965, as amended, (C) any violation of chapter 949c, (D) any violation of the election
laws of the state, (E) any felony involving the unlawful use or threatened use of physical
force or violence committed with the intent to intimidate or coerce the civilian population
or a unit of government, and (F) any other class A, B or C felony or any unclassified
felony punishable by a term of imprisonment in excess of five years for which the Chief
State's Attorney or state's attorney demonstrates that he or she has no other means of
obtaining sufficient information as to whether a crime has been committed or the identity
of the person or persons who may have committed a crime.
(3) "Investigatory grand jury" means a judge, constitutional state referee or any
three judges of the Superior Court, other than a judge designated by the Chief Justice
to serve on the panel, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes.
(4) "Panel of judges" or "panel" means a panel of three Superior Court judges designated by the Chief Justice of the Supreme Court from time to time to receive applications
for investigations into the commission of crimes in accordance with the provisions of
sections 54-47a to 54-47h, inclusive, one of whom may be the Chief Court Administrator.
(P.A. 85-611, S. 1; P.A. 87-350, S. 1, 6; P.A. 02-97, S. 11.)
History: P.A. 87-350 added any violation of the election laws of the state or any unclassified felony punishable by a
term of imprisonment in excess of five years to definition of "crime or crimes", added "or state's attorney" after "chief
states attorney" and added "or the identity of the person or persons who may have committed a crime"; P.A. 02-97 amended
definition of "crime or crimes" in Subdiv. (2) by adding new Subpara. (E) re any felony involving the unlawful use or
threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a
unit of government, redesignating former Subpara. (E) as Subpara. (F) and making a technical change for purposes of
gender neutrality.
Cited. 202 C. 541-543, 545, 546, 549, 550, 552-554, 556-560. Cited. 204 C. 259, 278. Cited. 207 C. 98, 101, 102,
Secs. 54-47a-54-47h also cited. Id. Cited. 213 C. 66, 71. Cited. 221 C. 625, 630, 634.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Subdiv. (4):
Cited. 221 C. 625, 626.
Cited. 20 CA 447.
Sec. 54-47c. Application for investigation into commission of crime. (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) to add in Subdiv. (2) 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) to add
in Subdiv. (2) 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. 541-543, 545, 546, 549, 550, 552-554, 556-560. Cited. 204 C. 259, 278. Cited. 206 C. 203, 205. Cited.
207 C. 98, 101, 103, 107. Secs. 54-47a-54-47h also cited. Id. Cited. 213 C. 66, 71. Cited. 221 C. 625, 630, 634. Cited. 224
C. 29, 38.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Subsec. (a):
Cited. 221 C. 625, 626.
Sec. 54-47d. Appointment of investigatory grand jury. Duration and scope of
investigation. (a) If the panel approves the application and orders an investigation into
the commission of a crime or crimes, the Chief Court Administrator shall (1) appoint
an investigatory grand jury to conduct the investigation, and (2) designate the court
location in the judicial district where any motions to quash and any contempt proceedings
shall be heard and any findings and records of the investigation shall be filed.
(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.
(P.A. 85-611, S. 3; P.A. 87-350, S. 3, 6; P.A. 98-48, S. 3; P.A. 03-273, S. 2.)
History: P.A. 87-350 made technical changes in Subsec. (a) and deleted provision in Subsec. (c) requiring extension
or amendment to contain the findings thus far made; P.A. 98-48 amended Subdiv. (4) of Subsec. (b) to insert Subpara.
indicators and add Subpara. (B) re the panel's reasons for finding that other normal investigative procedures have failed
or are unlikely to succeed if tried or be too dangerous to employ and Subpara. (C) re the panel's reasons for finding that
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; P.A. 03-273 made a technical change
in Subsec. (a) and amended Subsec. (b) to add in Subdiv. (4)(B) 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. 541-543, 545, 547, 549, 550, 552-554, 556-560. Cited. 204 C. 259, 278. Cited. 206 C. 203, 205. Cited.
207 C. 98, 101, 103, 107. Secs. 54-47a-54-47h also cited. Id. Cited. 213 C. 66, 71. Cited. 221 C. 625, 630, 634.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Subsec. (a):
Cited. 221 C. 625, 627.
Subsec. (c):
Cited. 213 C. 66, 71.
Sec. 54-47e. Sealing of order and application. Summary of scope of investigation. Disclosure. Any order authorizing the investigation into the commission of a crime
or crimes and any application filed with the panel pursuant to section 54-47c or subsection (c) of section 54-47d shall be sealed. The panel shall submit to the Chief Court
Administrator a summary of the scope of the investigation, any recommendation as to
the court location at which any motions to quash and any contempt proceedings are to
be heard and the finding and record of the investigation are to be filed. Such summary
shall be public unless the panel determines, by majority vote, that such summary be
sealed for purposes of (1) ensuring the public safety of any individual, (2) ensuring that
the investigation would not be adversely affected or (3) complying with other provisions
of the general statutes or rules of court which prohibit disclosure of such information.
Any investigation by the investigatory grand jury shall be conducted in private, provided
the panel, by a majority vote, may order the investigation or any portion thereof to be
public when such disclosure or order is deemed by the panel to be in the public interest.
(P.A. 85-611, S. 4; P.A. 88-345, S. 2, 3.)
History: P.A. 88-345 deleted former provisions re discretionary disclosure of fact that matter has been referred to the
grand jury and added provisions re (1) submission by panel of summary of scope of investigation, recommendation as to
court location and (2) disclosure of such summary, effective June 7, 1988, and applicable to findings filed on or after June
7, 1988.
Cited. 202 C. 541-543, 545, 548-550, 552-554, 556-560. Cited. 204 C. 259, 278. Does not apply to disclosure of
material accumulated by grand jury investigation convened under authority of repealed Sec. 54-47. 207 C. 98, 101, 104,
106-108. Secs. 54-47a-54-47h cited. Id. Cited. 213 C. 66, 71. Cited. 221 C. 625, 630, 634.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Sec. 54-47f. Conduct of investigation. Testimony of witnesses. (a) The investigatory grand jury, in conducting the investigation, may (1) seek the assistance of the
Chief State's Attorney or state's attorney who filed the application, or his designee, (2)
appoint an attorney to provide assistance if a judge of the Superior Court, Appellate
Court or Supreme Court filed the application or (3) appoint any other attorney to provide
assistance when necessary in the interest of justice.
(b) The attendance of witnesses and the production of documents at such investigation may be compelled by subpoena, signed by any official authorized to issue such
process.
(c) If any witness properly summoned fails to appear or to produce any documents
included in the subpoena, or if he fails to answer any proper question, the investigatory
grand jury conducting the investigation may report the matter to the state's attorney for
the judicial district which has been designated in subsection (a) of section 54-47d unless
such state's attorney is the applicant or has been appointed to assist in such investigation,
in which case the investigatory grand jury shall report the matter to the Chief State's
Attorney, and such state's attorney or Chief State's Attorney, as the case may be, may
file a complaint setting forth the facts at any criminal session of the superior court in
such judicial district. The court shall thereupon issue a citation to the witness to appear
before the court and show cause why he should not be punished as for a contempt, and
if, after hearing, the court finds that he failed to appear without due cause or failed to
produce any document properly to be presented to the investigatory grand jury or failed
to answer any proper question in the course of the investigation, it may punish him as
it might a witness failing to appear, to produce a document properly to be considered
or to answer a proper question before the court.
(d) Witnesses may be examined by the investigatory grand jury conducting the
investigation or by any attorney or attorneys appointed by such investigatory grand jury
for such purpose. At the hearing, the official conducting the investigation shall inform
the witness that he has the right to have counsel present and to consult with such counsel.
(e) The official conducting the investigation shall inform any witness who is a target
of the investigation that he is a target and shall advise him that he has the right under
the Constitution of the United States and the Constitution of Connecticut not to be
compelled to be a witness, or to give evidence, against himself.
(f) Any attorney appointed to assist in conducting the investigation shall disclose
to the investigatory grand jury any exculpatory information or material in his possession,
custody or control concerning any person who is a target of the investigation.
(g) An official stenographer of the Superior Court or his assistant shall record any
testimony taken at the investigation.
(P.A. 85-611, S. 5; P.A. 01-84, S. 24, 26.)
History: P.A. 01-84 made a technical change in Subsec. (b), effective July 1, 2001.
Cited. 202 C. 541-543, 545, 548-550, 552-554, 556-560. Cited. 204 C. 259, 278. Cited. 207 C. 98, 101, 104. Secs.
54-47a-54-47h also cited. Id. Cited. 213 C. 66, 71. Cited. 221 C. 625, 630, 634.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Subsec. (d):
Cited. 202 C. 541, 549.
Subsec. (e):
Cited. 202 C. 541, 549.
Sec. 54-47g. Finding and record of investigation. Disclosure. Hearing. Access
to testimony. (a) Within sixty days of the conclusion of the investigation, the investigatory grand jury conducting such investigation shall file its finding with the court of the
judicial district designated by the Chief Court Administrator pursuant to subsection (a)
of section 54-47d, and shall file a copy of its finding with the panel and with the Chief
State's Attorney or a state's attorney if such Chief State's Attorney or state's attorney
made application for the investigation. The stenographer shall file any record of the
investigation with the court of the judicial district designated by the Chief Court Administrator pursuant to subsection (a) of section 54-47d and the panel and the Chief State's
Attorney or a state's attorney, if such Chief State's Attorney or state's attorney made
application for the investigation, shall have access to such record upon request made to
the clerk of the court without a hearing. Such finding shall state whether or not there is
probable cause to believe that a crime or crimes have been committed. Except as otherwise provided in this section, any part of the record of the investigation not disclosed
with the finding pursuant to subsection (b) shall be sealed, provided any person may
file an application with the panel for disclosure of any such part of the record. Upon
receipt of such application, the panel shall, after notice, hold a hearing and the panel,
by a majority vote, may disclose any such part of the record when such disclosure is
deemed by the panel to be in the public interest, except that no part of the record shall
be disclosed which contains allegations of the commission of a crime by an individual
if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record.
Any person aggrieved by an order of the panel shall have the right to appeal such order
by filing a petition for review with the Appellate Court within seventy-two hours from
the issuance of such order.
(b) The finding of the investigation shall be open to public inspection and copying
at the court where it has been filed seven calendar days after it has been filed, unless
within that period the Chief State's Attorney or a state's attorney with whom the finding
was filed files a motion with the investigatory grand jury requesting that a part or all of
such finding not be so disclosed. The finding may include all or such part of the record
as the investigatory grand jury may determine, except that no part of the record shall
be disclosed which contains allegations of the commission of a crime by an individual
if the investigatory grand jury failed to find probable cause that such individual committed such crime unless such individual requests the release of such part of the record. In
such event as much of the finding as has not been sought to be withheld from disclosure
shall be disclosed promptly upon the expiration of said seven-calendar-day period.
(c) Within fifteen calendar days of the filing of such motion, the investigatory grand
jury shall conduct a hearing. The investigatory grand jury shall give written notice of
such hearing to the person filing such motion and any other person the investigatory
grand jury deems to be an interested party to the proceedings, which may include, but
not be limited to, persons who testified or were the subject of testimony before the
investigatory grand jury. Within five calendar days of the conclusion of the hearing, the
investigatory grand jury shall render its decision, and shall send copies thereof to all
those to whom it gave notice of the hearing. It shall deny any such motion unless it
makes specific findings of fact on the record that there is a substantial probability that
one of the following interests will be prejudiced by publicity that nondisclosure would
prevent, and that reasonable alternatives to nondisclosure cannot adequately protect that
interest: (1) The right of a person to a fair trial; (2) the prevention of potential defendants
from fleeing; (3) the prevention of subornation of perjury or tampering with witnesses;
or (4) the protection of the lives and reputations of innocent persons which would be
significantly damaged by the release of uncorroborated information. Any order of nondisclosure shall be drawn to protect the interest so found.
(d) Any person aggrieved by an order of the investigatory grand jury shall have the
right to appeal such order by filing a petition for review with the Appellate Court within
seventy-two hours from issuance of such order.
(e) The Appellate Court shall provide an expedited hearing on such petition in accordance with such rules as the judges of the Appellate Court may adopt, consistent
with the rights of the petitioner and the parties.
(f) Notwithstanding the existence of an order of nondisclosure under this section,
any witness may apply in writing to the presiding judge of the criminal session of the
court of the judicial district wherein the record of the investigation has been filed, or
his designee, for access to and a copy of the record of his own testimony. Any witness
shall be allowed access, at all reasonable times, to the record of his own testimony and
be allowed to obtain a copy of such record unless said judge or his designee finds after
a hearing and for good cause shown that it is not in the best interest of justice to allow
the witness to have access to and a copy of the record of his testimony.
(g) Notwithstanding the existence of an order of nondisclosure under this section,
the presiding judge of the criminal session of the court of the judicial district wherein
the record of the investigation has been filed, or his designee, shall grant any written
request of a person accused of a crime as a result of the investigation to have access, at
all reasonable times, to the record of his own testimony and to obtain a copy of such
record.
(P.A. 85-611, S. 6; P.A. 87-350, S. 5, 6; P.A. 88-148; 88-345, S. 1, 3.)
History: P.A. 87-350 added provision re (1) duty of stenographer to file copies of finding and record of investigation,
(2) application of witness to presiding judge for access to record of investigation, (3) right of witness to access at all
reasonable times to access of record of own testimony and (4) granting written request by person accused of crime as result
of investigation to access of record of own testimony; P.A. 88-148 amended Subsec. (b) to authorize any witness to apply
for and, unless the presiding judge or his designee disallows it, to obtain a copy of the record of his own testimony, and
amended Subsec. (c) to require the presiding judge or his designee to grant the written request of a person accused of a
crime as a result of the investigation to obtain a copy of the record of his own testimony; P.A. 88-345 amended Subsec.
(a) to permit (1) person to make application to panel for disclosure of record and (2) panel to disclose any part of the record,
except such part which contains allegations re individual if grand jury failed to find probable cause and (3) right of appeal
within seventy-two hours of order, and added new provisions as Subsecs. (b) to (e), inclusive, re disclosure of finding,
hearing on motion for nondisclosure, specific findings of fact necessary for granting such motion, right of appeal of order
of grand jury and expedited hearing on petition by appellate court, relettering prior provisions accordingly, effective June
7, 1988, and applicable to findings filed on or after June 7, 1988.
Cited. 202 C. 541-543, 545, 549, 550, 552-554, 556-560. Cited. 204 C. 259, 278. Cited. 207 C. 98, 107, 105. Secs.
54-47a-54-47h also cited. Id. Cited. 213 C. 66, 71. Cited. 219 C. 905, 906. Cited. 221 C. 625, 628, 630, 631, 634. State's
right of access to testimony of grand jury witness includes right to use that testimony in its case-in-chief in subsequent
criminal prosecution of that witness. To the extent that trial court's ruling is predicated on grand juror's order of secrecy,
it lacks support in record because defendant never established that he relied to his detriment on grand juror's order of
secrecy. 250 C. 188.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 19 CA 230, 233, 234. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Subsec. (a):
Cited. 219 C. 905, 906. Cited. 221 C. 625, 628-630, 633. P.A. 88-345 Sec. 1(a) cited. Id. Cited. 222 C. 331, 340. Cited.
229 C. 178, 187.
Cited. 19 CA 230-234. Initial determination of "public interest" left to grand jury panel. 20 CA 447, 450. Cited. 43
CA 851.
Cited. 45 CS 1.
Subsec. (b):
Cited. 45 CS 1.
Subsec. (c):
Cited. 45 CS 1.
Subsec. (f):
Cited. 45 CS 1.
Subsec. (g):
Cited. 45 CS 1.
Sec. 54-47h. Report. In January of each year, the panel of judges appointed pursuant to section 54-47b shall report to the Chief Court Administrator, who shall in turn
report to the Chief Justice, Governor and General Assembly, the following information
with respect to applications made during the preceding calendar year: (1) The number
of applications for an investigation into the commission of a crime or crimes filed with
the panel; (2) the number of applications approved by the panel; and (3) the number of
applications approved for extensions of time or amendments to the order.
(P.A. 85-611, S. 7.)
Cited. 202 C. 541-543, 545, 549, 550, 552-554, 556-560. Cited. 204 C. 259, 278. Cited. 207 C. 98, 101, 106. Cited.
213 C. 66, 71. Appellate review under section must be forwarded on an action brought to the trial court. There was no
basis for appeal from determinations of grand jury panel before effective date of P.A. 88-345, i.e. June 7, 1988. 221 C.
625, 630, 634.
Cited. 16 CA 679, 680. Cited. 17 CA 395, 401. Cited. 20 CA 447, 450.
Cited. 45 CS 1.
Sec. 54-47i. Authority of investigation ordered prior to October 1, 1985. (a)
The authority of any judge, state referee or three judges of the Superior Court to conduct
an inquiry to determine whether or not there is probable cause to believe that a crime
or crimes have been committed, where such inquiry was ordered prior to October 1,
1985, in accordance with section 54-47 of the general statutes, revision of 1958, revised
to January 1, 1985, shall continue until the conclusion of such inquiry and a final report
has been filed with the court pursuant to said section, and any action taken or caused to
be taken by such judge, state referee or three judges of the Superior Court pursuant to
such inquiry, otherwise valid, shall be valid notwithstanding that such action was or is
taken or caused to be taken on or after October 1, 1985, and any evidence obtained
pursuant to such inquiry, otherwise admissible, shall be admissible in any criminal prosecution of a person accused as a result of such inquiry notwithstanding that such evidence
was or is obtained on or after October 1, 1985.
(b) The appointment of any judge or referee after October 1, 1985, to replace a
judge or referee ordered to conduct an inquiry to determine whether or not probable
cause to believe that a crime or crimes have been committed, where such inquiry was
ordered prior to October 1, 1985, in accordance with section 54-47 of the general statutes,
revised to January 1, 1985, shall not be deemed to create a new inquiry and the authority
of such judge so appointed shall continue as provided in subsection (a) of this section.
(P.A. 86-317, S. 1, 2.)
P.A. 86-317 cited. 202 C. 189. P.A. 85-611 as clarified by P.A. 86-317 "did not revoke the authority of or alter the
procedures governing investigatory grand juries that had been properly authorized before October 1, 1985." Id. Section
validates any action taken or evidence obtained on or after October 1, 1985, pursuant to authority contained in former Sec.
54-47; considered to be clarifying. Id., 541-543, 551, 552, 556-560. Cited (as P.A. 86-317, Sec. 1(a)). 207 C. 98, 104.
Cited. 213 C. 66, 71.
Cited. 45 CS 1.
Subsec. (a):
Cited. 202 C. 541, 552. Cited. 213 C. 66, 72.
Sec. 54-48. Reward for arrest of capital offender or felon. When any crime
punishable by death or imprisonment for more than one year has been committed, the
Governor, upon application of the state's attorney for the judicial district in which it
has been committed, may offer, publicly, a reward not exceeding fifty thousand dollars,
to the person who gives information leading to the arrest and conviction of the guilty
person, or, if such guilty person has fled after conviction of a felony in a court of this
state, to the person who gives information leading to the arrest and detention of the
convicted felon, whether found within the state or elsewhere, which reward shall be
paid to the informer by the state, by order of the court before which such conviction is had.
(1949 Rev., S. 8269; P.A. 73-116, S. 3; 73-667, S. 1, 2; P.A. 77-604, S. 55, 84; P.A. 78-276; 78-280, S. 2, 127; P.A.
97-52.)
History: P.A. 73-116 substituted "Connecticut Correctional Institution, Somers" for "State Prison" and added reference
to judicial districts; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 77-604 deleted specific reference to imprisonment at Somers referring instead to imprisonment "for more than one year";
P.A. 78-276 deleted reference to counties (as did P.A. 78-280) and increased maximum amount of reward from three
thousand to twenty thousand dollars; P.A. 97-52 increased the maximum amount of the reward from twenty thousand to
fifty thousand dollars.
Does not recompense one who had wholly performed before the offer was made. 143 C. 462.
Sec. 54-49. Reward for information as to high crime or crime resulting in
death of police officer or firefighter. (a) When any high crime has been committed in
any municipality, the chief executive officer of such municipality, as described in section
7-193, may offer, publicly, a reward not exceeding two thousand five hundred dollars,
to the person who gives information leading to the arrest and conviction of the guilty
person; which reward shall be paid to the informer by the municipality, by order of the
court before which such conviction is had.
(b) When any crime has been committed in any municipality which results in the
death of any police officer or firefighter, the chief executive officer of such municipality,
upon the affirmative vote of two-thirds of the legislative body of such municipality, or
when the legislative body is the town meeting, at least two-thirds of those present and
voting, may offer publicly, a reward not exceeding twenty thousand dollars, to the person
who gives information leading to the arrest and conviction of the guilty person, which
reward shall be paid to the informer by the municipality, by order of the court before
which such conviction is had.
(1949 Rev., S. 8270; P.A. 84-540, S. 5, 7; P.A. 93-425, S. 1.)
History: P.A. 84-540 added Subsec. (b) authorizing the chief executive officer of a municipality in which a crime has
been committed which results in the death of a police officer or firefighter, to offer a reward for information leading to
arrest and conviction of guilty person; P.A. 93-425 amended Subsec. (a) by deleting "town, its selectmen" and adding
"municipality, the chief executive officer of such municipality, as described in section 7-193", increasing reward from
amount not exceeding two hundred to two thousand five hundred dollars, and deleting "town" and substituting "municipality".
A high crime is an immoral and unlawful act, nearly allied and equal in guilt to a felony, but not coming strictly within
that denomination. 6 C. 417; 84 C. 374; 86 C. 437. Construction of section should be equitable. 39 C. 159. Offer of reward
not barred until statute of limitations has run against the crime. Id. City has no power to offer reward, when. 65 C. 300.
Sec. 54-50. Reward for information as to unlawful disinterment of corpse. For
any violation of the provisions of section 53-334, the Governor, upon application of the
selectmen of the town where the offense has been committed, shall, publicly, offer a
reward, not exceeding two hundred dollars, for the apprehension of the guilty person;
and, if the offender is convicted, such reward shall be paid to the informer by the state,
upon order of the court before which the conviction is had.
(1949 Rev., S. 8271.)
Sec. 54-51. Reward for information as to theft of motor vehicle, livestock or
poultry. Section 54-51 is repealed, effective October 1, 2003.
(1949 Rev., S. 8272; P.A. 74-338, S. 55, 94; P.A. 03-9, S. 1.)
Sec. 54-52. Determination of claims to reward. When any reward is offered for
the recovery of stolen property, or for information which may lead to the conviction of
any criminal, or for both, the court before which conviction is had or the superior court
for the judicial district where the offense was committed, at a criminal term, may decide
upon the claims of the parties interested in such reward. If there is more than one claimant
for the reward, the court in which the conviction was secured or the court for the judicial
district wherein the offense was committed, or the presiding judge of such court, shall
determine who are justly entitled to the reward, and may apportion it equitably
among them.
(1949 Rev., S. 8268, 8273; P.A. 73-116, S. 24; 73-667, S. 1, 2; P.A. 76-436, S. 540, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 73-116 added reference to judicial districts; P.A. 73-667 changed effective date of P.A. 73-116 from
October 1, 1973, to April 25, 1973; P.A. 76-436 deleted provision whereby presiding judge of court to which accused was
bound over determines amount of reward when accused forfeits his recognizance and authorized court for county or judicial
district where offense was committed to determine reward, reflecting transfer of all trial jurisdiction to superior court,
effective July 1, 1978; P.A. 78-280 deleted references to counties.
Averments in application. 39 C. 161. Party furnishing merely corroborative evidence, if necessary to conviction, may
be entitled to reward. Id., 162. The offer, unless otherwise limited, holds good until a prosecution would be barred by
statute of limitations. Id., 163. Policeman detecting burglar cannot demand reward. 51 C. 577. Statutes as to rewards give
rise to contractual rights. 78 C. 428. Cited. 143 C. 462.
Sec. 54-53. Release by correctional officials. Each person detained in a community correctional center pursuant to the issuance of a bench warrant of arrest or for
arraignment, sentencing or trial for an offense not punishable by death shall be entitled
to bail and shall be released from such institution upon entering into a recognizance,
with sufficient surety, or upon posting cash bail as provided in section 54-66, for the
detained person's appearance before the court having cognizance of the offense, to be
taken by any person designated by the Commissioner of Correction at the institution
where the person is detained. The person so designated shall deliver the recognizance
or cash bail to the clerk of the appropriate court before the opening of the court on the
first court day thereafter. 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 person so designated shall prepare a report that contains (1) the
name, address and taxpayer identification number of the detained 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 person
so designated 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.
(1949 Rev., S. 8778; 1961, P.A. 517, S. 50; February, 1965, P.A. 606; 1969, P.A. 803, S. 2; P.A. 80-313, S. 17; P.A.
99-240, S. 15.)
History: 1961 act deleted obsolete reference to county commissioners; 1965 act made section applicable to person
awaiting arraignment or sentencing as well as trial, offered the alternative of posting cash bail and substituted present
provisions for taking bail for prior provision of taking by the court, a judge or clerk; 1969 act replaced jail administrator
with commissioner of correction, substituted references to community correctional centers for references to jails and
specified applicability to persons detained "pursuant to the issuance of a bench warrant"; P.A. 80-313 made minor changes
in wording; P.A. 99-240 added provisions requiring the person designated by the commissioner to prepare a report when
cash bail in excess of ten thousand dollars is received for a detained person accused of a felony involving the use, attempted
use or threatened use of physical force against another person, specifying the contents of such report and requiring such
designated person not later than fifteen days after receipt of such cash bail to file such report with the Department of
Revenue Services and mail a copy of such report to the appropriate state's attorney and each person offering the cash bail.
Not permitted to one under sentence for prior offense. K. 260. Sheriff may take bail and release prisoner. 2 D. 11. Not
the practice to issue a special order to clerk for commitment of prisoner to jail; there is a continuing order to that effect.
36 C. 251. Nature of act of taking bail; law authorizing clerk to take bail will not permit him to fix amount. 89 C. 301.
Liabilities on bail bond. 83 C. 688. Bail where state appeals; 65 C. 282; where accused appeals to supreme court and
sentence is stayed. 71 C. 457. Application to supreme court to admit accused to bail denied; procedure there must be to
have finding of facts made by referee unless they are admitted by state's attorney. 109 C. 738. Cited. 140 C. 326. In capital
cases refusal of bail must be restricted to cases where proof is evident or presumption great in accord with section 8 of
Article I of state's constitution. Burden of proof that proof is evident or presumption great in capital offenses as grounds
for refusing bail is on state and not met by fact of grand jury indictment. 159 C. 264.
Only an act of God or an act of law or an act of the obligee excuses a surety whose principal does not appear before
court. Sleepiness constitutes no reason for relaxation of the law. 23 CS 321.
Sec. 54-53a. Detention of persons who have not made bail. (a) No person who
has not made bail may be detained in a community correctional center pursuant to the
issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense
not punishable by death, for longer than forty-five days, unless at the expiration of the
forty-five days he is presented to the court having cognizance of the offense. On each
such presentment, the court may reduce, modify or discharge the bail, or may for cause
shown remand the person to the custody of the Commissioner of Correction. On the
expiration of each successive forty-five-day period, the person may again by motion be
presented to the court for such purpose.
(b) Notwithstanding the provisions of subsection (a) of this section, any person who
has not made bail and is detained in a community correctional center pursuant to the
issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense
classified as a class D felony or as a misdemeanor, except a person charged with a crime
in another state and detained pursuant to chapter 964 or a person detained for violation
of his parole pending a parole revocation hearing, shall be presented to the court having
cognizance of the offense within thirty days of the date of his detention. On such presentment, the court may reduce, modify or discharge the bail or may for cause shown remand
the person to the custody of the Commissioner of Correction. On the expiration of each
successive thirty-day period, the person shall again be presented to the court for such
purpose.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, any
person who has not made bail may be heard by the court upon a motion for modification
of the bail at any time.
(1971, P.A. 513; P.A. 74-186, S. 1, 12; P.A. 80-313, S. 25; P.A. 82-244; P.A. 89-166.)
History: P.A. 74-186 made minor changes in wording and specified that presentment is to occur at the expiration of
each successive forty-five-day period; P.A. 80-313 made minor changes in wording, substituting "the" for "such" etc; P.A.
82-244 added Subsec. (b) requiring a bail review hearing every thirty days for persons charged with a class D felony or a
misdemeanor; P.A. 89-166 added Subsec. (c) providing that any person who has not made bail may be heard by the court
upon a motion for modification of the bail at any time.
See Sec. 51-180 re criminal terms and sessions of court.
See Sec. 51-180a re special session held when accused is confined for want of bail.
Cited. 169 C. 438, 440. Section which requires review of bail every forty-five days for persons held in custody while
mandating procedure for implementing right to be released on bail, provides no sanction for a violation of that procedure.
Denial of any right created by this section is not a violation of fundamental constitutional right. 171 C. 395, 403, 404.
Cited. 29 CS 434. Provides no sanction in event of a violation; defendant not entitled to dismissal of information without
showing of prejudice. 43 CS 211, 216.
Secs. 54-54 and 54-55. Original information in Court of Common Pleas. Information in cases appealed to Court of Common Pleas. Sections 54-54 and 54-55 are
repealed.
(1949 Rev., S. 8767, 8768; 1961, P.A. 517, S. 71.)
Sec. 54-56. Dismissal of information by court. All courts having jurisdiction of
criminal cases shall at all times have jurisdiction and control over informations and
criminal cases pending therein and may, at any time, upon motion by the defendant,
dismiss any information and order such defendant discharged if, in the opinion of the
court, there is not sufficient evidence or cause to justify the bringing or continuing of
such information or the placing of the person accused therein on trial.
(1949 Rev., S. 8769.)
Cited. 170 C. 337, 339. In absence of statutory authority, court may not of its own motion dismiss a criminal prosecution
unless there is fundamental legal defect in information or indictment or constitutional defect such as denial of speedy trial
or illegality of arrest. 172 C. 608. Cited. 189 C. 42, 45. Cited. 193 C. 602, 603. Cited. 198 C. 435, 443. Trial court did not
abuse its discretion having properly found "cause" to dismiss with prejudice. 200 C. 453, 458-460, 464. Cited. 204 C.
187, 193, 205, 206. Cited. 207 C. 374, 397, 402. Cited. 209 C. 225, 231, 236-238. Cited. 213 C. 708, 713. Cited. 214 C.
657, 659. Cited. 229 C. 716, 720. Cited. 242 C. 409. Absent compliance with section, trial court did not have authority to
dismiss pending misdemeanor charge because, in trial court's view, case was not sufficiently important to warrant time
and expense of jury trial. 243 C. 690.
Cited. 4 CA 520, 521, 525-528. Cited. 5 CA 347, 349. Cited. 7 CA 46, 73. Cited. 11 CA 224, 225. Insufficient cause
"prong" of statute is inappropriate basis for dismissal of information preceded by arrest warrant where no trial has yet been
held. 19 CA 495-504. Cited. 20 CA 321, 331. Cited. 21 CA 210, 214. Cited. 24 CA 195, 205, 206. Cited. 29 CA 689, 692.
Cited. 40 CA 789, 796. Cited. 45 CA 722.
Purpose and history of law. 13 CS 112. Cited. 21 CS 246. Resort to this section is not proper method to raise issue of
jurisdiction of court over person of defendant. 28 CS 512, 514, 515. Purpose of motion to dismiss is to prevent unchecked
powers by prosecuting attorney. 29 CS 118.
Motion to dismiss count having been previously granted, motion for directed verdict on that count was properly denied.
5 Conn. Cir. Ct. 78.
Subsec. (d):
Cited. 193 C. 474, 477.
Subsec. (e):
Cited. 200 C. 440, 442, 447.
Subsec. (j):
Cited. 8 CA 607, 615.
Sec. 54-56a. (Formerly Sec. 54-2b). Pleading by mail in certain motor vehicle
cases. In any criminal action arising out of an alleged violation of the law relating to
motor vehicles, except a violation of section 14-219 specified in subsection (e) of said
section 14-219, appearances, pleas of not guilty and requests for trial by jury or court
may be made by or on behalf of the defendant by mailing such pleas and requests by
first-class mail, postage prepaid, to the clerk of the court in which such case is to be
tried, which pleas and requests shall be received by said clerk not later than the court
day next preceding the court day on which the defendant is to appear. Said pleas and
claims shall be filed on forms approved by the Office of the Chief Court Administrator.
(1963, P.A. 475; P.A. 74-183, S. 127, 291; P.A. 76-381, S. 3; 76-436, S. 519, 681; P.A. 77-452, S. 34, 72; P.A. 79-196; P.A. 85-446, S. 4, 6; P.A. 90-213, S. 12.)
History: P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system,
effective December 31, 1974; P.A. 76-381 amended section to specify applicability re actions arising out of alleged commission of an infraction; P.A. 76-436 and P.A. 77-452 replaced court of common pleas with superior court, reflecting transfer
of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 79-196 required that forms for filing pleas and claims
be approved by chief court administrator's office rather than by superior court judges; Sec. 54-2b transferred to Sec. 54-56a in 1981; P.A. 85-446 deleted references to procedures for an alleged commission of an infraction, effective October
1, 1986; P.A. 90-213 added exception for a violation of Sec. 14-219 specified in Subsec. (e) of said Sec. 14-219.
Annotation to former section 54-2b:
Cited. 29 CS 155.
Sec. 54-56b. Right to dismissal or trial on nolle. A nolle prosequi may not be
entered as to any count in a complaint or information if the accused objects to the nolle
prosequi and demands either a trial or dismissal, except with respect to prosecutions in
which a nolle prosequi is entered upon a representation to the court by the prosecuting
official that a material witness has died, disappeared or become disabled or that material
evidence has disappeared or has been destroyed and that a further investigation is therefore necessary.
(P.A. 80-313, S. 30.)
Note: This section formerly formed part of Sec. 54-46. See Sec. 54-46 History re P.A. 80-313.
Cited as Sec. 54-46. 180 C. 153, 163. The court must accept the entry of the nolle prosequi for the record unless it is
persuaded that prosecutor's exercise of discretion is clearly contrary to manifest public interest. 185 C. 199, 201, 202.
Cited. 191 C. 27, 36. Cited. 198 C. 435, 443. Entry of nolles over defendant's objection fits within exception to rule of
finality allowing appeal of interlocutory trial court rulings that, if erroneous, cannot later be remedied. 209 C. 52, 54, 56.
Gives a defendant right to have criminal charge disposed of with finality by dismissal with prejudice. Id., 133, 135-137,
139-142. Cited. 214 C. 616, 631, 632. Cited. 233 C. 44, 58, 59, 61, 78. Cited. 240 C. 590.
Cited. 5 CA 347, 354. Cited. 10 CA 217, 235. Cited. 11 CA 224, 225. Cited. 40 CA 705, 707; judgment reversed, see
240 C. 590 et seq. Cited. 44 CA 162.
Sec. 54-56c. Request for privileged trial status. If the accused enters a plea of
not guilty, the state's attorney, assistant state's attorney or deputy assistant state's attorney may, in accordance with rules adopted by the judges of the Superior Court, request
that the case be privileged with respect to assignment for trial.
(P.A. 80-313, S. 31.)
Note: This section formerly formed part of Sec. 54-46. See Sec. 54-46 History re P.A. 80-313.
Sec. 54-56d. (Formerly Sec. 54-40). Competency to stand trial. (a) Competency required. Definition. A defendant shall not be tried, convicted or sentenced while
he is not competent. For the purposes of this section, a defendant is not competent if he
is unable to understand the proceedings against him or to assist in his own defense.
(b) Presumption of competency. A defendant is presumed to be competent. The
burden of proving that the defendant is not competent by a preponderance of the evidence
and the burden of going forward with the evidence are on the party raising the issue.
The burden of going forward with the evidence shall be on the state if the court raises
the issue. The court may call its own witnesses and conduct its own inquiry.
(c) Request for examination. If at any time during a criminal proceeding it appears
that the defendant is not competent, counsel for the defendant or for the state, or the
court, on its own motion, may request an examination to determine the defendant's
competency.
(d) Examination of defendant. Report. If the court finds that the request for an
examination is justified and that, in accordance with procedures established by the judges
of the Superior Court, there is probable cause to believe that the defendant has committed
the crime for which he is charged, the court shall order an examination of the defendant
as to his competency. The court may (1) appoint one or more physicians specializing
in psychiatry to examine the defendant, or (2) order the Commissioner of Mental Health
and Addiction Services to conduct the examination either (A) by a clinical team consisting of a physician specializing in psychiatry, a clinical psychologist and one of the
following: A clinical social worker licensed pursuant to chapter 383b or a psychiatric
nurse clinical specialist holding a master's degree in nursing, or (B) by one or more
physicians specializing in psychiatry, except that no employee of the Department of
Mental Health and Addiction Services who has served as a member of a clinical team
in the course of such employment for at least five years prior to October 1, 1995, shall
be precluded from being appointed as a member of a clinical team. If the Commissioner
of Mental Health and Addiction Services is ordered to conduct the examination, the
commissioner shall select the members of the clinical team or the physician or physicians. If the examiners determine that the defendant is not competent, they shall then
determine whether there is substantial probability that the defendant, if provided with
a course of treatment, will regain competency within the maximum period of any placement order under this section, and whether the defendant appears to be eligible for
civil commitment, with monitoring by the Court Support Services Division, pursuant
to subdivision (2) of subsection (h) of this section. The court may authorize a physician
specializing in psychiatry, a clinical psychologist, a clinical social worker licensed pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a master's degree
in nursing selected by the defendant to observe the examination. Counsel for the defendant may observe the examination. The examination shall be completed within fifteen
days from the date it was ordered and the examiner or examiners shall prepare and sign,
without notarization, a written report and file such report with the court within twenty-one business days of the date of the order. On receipt of the written report, the clerk of
the court shall cause copies to be delivered immediately to the state's attorney and to
counsel for the defendant.
(e) Hearing. The court shall hold a hearing as to the competency of the defendant
no later than ten days after it receives the written report. Any evidence regarding the
defendant's competency, including the written report, may be introduced at the hearing
by either the defendant or the state. If the written report is introduced, at least one of
the examiners must be present to testify as to the determinations in the report, unless
his presence is waived by the defendant and the state. Any member of the clinical team
shall be considered competent to testify as to the team's determinations. A defendant
and his counsel may waive the court hearing only if the examiners, in the written report,
determine without qualification that the defendant is competent.
(f) Court finding of competency or incompetency. If the court, after the hearing,
finds that the defendant is competent, it shall continue with the criminal proceedings.
If it finds that the defendant is not competent, it shall also find whether there is substantial
probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order permitted under this section.
(g) Court procedure if finding that defendant will not regain competency. If,
at the hearing, the court finds that there is not a substantial probability that the defendant,
if provided with a course of treatment, will regain competency within the period of any
placement order under this section, the court shall follow the procedure set forth in
subsection (m) of this section.
(h) Court procedure if finding that defendant will regain competency. Placement of defendant at treatment facility pending civil commitment proceedings.
(1) If, at the hearing, the court finds that there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the period
of any placement order under this section, the court shall either (A) order placement of
the defendant for treatment for the purpose of rendering him competent, or (B) order
placement of the defendant at a treatment facility pending civil commitment proceedings
pursuant to subdivision (2) of this subsection.
(2) (A) Except as provided in subparagraph (B) of this subdivision, if the court
makes a finding pursuant to subdivision (1) of this subsection and does not order placement pursuant to subparagraph (A) of said subdivision, the court shall, on its own motion
or on motion of the state or the defendant, order placement of the defendant in the
custody of the Commissioner of Mental Health and Addiction Services at a treatment
facility pending civil commitment proceedings. The treatment facility shall be determined by the Commissioner of Mental Health and Addiction Services. Such order shall:
(i) Include an authorization for the Commissioner of Mental Health and Addiction Services to apply for civil commitment of such defendant pursuant to sections 17a-495 to
17a-528, inclusive; (ii) permit the defendant to agree to participate voluntarily in a
treatment plan prepared by the Commissioner of Mental Health and Addiction Services
and require that the defendant comply with such treatment plan; and (iii) provide that
if the application for civil commitment is denied or not pursued by the Commissioner
of Mental Health and Addiction Services, or if, in the case of a defendant who is participating voluntarily in a treatment plan, such defendant ceases to so participate voluntarily,
the person in charge of the treatment facility, or such person's designee, shall submit a
written progress report to the court pursuant to subsection (j) of this section, and the
defendant shall be returned to the court for a hearing pursuant to subsection (k) of this
section. The Court Support Services Division shall monitor the defendant's compliance
with any applicable provisions of such order. The period of placement and monitoring
under such order shall not exceed the period of the maximum sentence which the defendant could receive on conviction of the charges against such defendant, or eighteen
months, whichever is less. If the defendant has complied with such treatment plan and
any applicable provisions of such order, at the end of the period of placement and monitoring, the court shall approve the entry of a nolle prosequi to the charges against the
defendant or shall dismiss such charges.
(B) This subdivision shall not apply: (i) To any person charged with a class A felony,
a class B felony, except a violation of section 53a-122 that does not involve the use,
attempted use or threatened use of physical force against another person, or a violation
of section 14-227a, subdivision (2) of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b; (ii) to any person
charged with a crime or motor vehicle violation who, as a result of the commission of
such crime or motor vehicle violation, causes the death of another person; or (iii) unless
good cause is shown, to any person charged with a class C felony.
(i) Placement for treatment. Conditions. The placement for treatment for the purpose of rendering the defendant competent shall comply with the following conditions:
(1) The period of placement under the order or combination of orders shall not exceed
the period of the maximum sentence which the defendant could receive on conviction
of the charges against him or eighteen months, whichever is less; (2) the placement shall
be either in the custody of the Commissioner of Mental Health and Addiction Services,
the Commissioner of Children and Families or the Commissioner of Mental Retardation
or, if the defendant or the appropriate commissioner agrees to provide payment, in the
custody of any appropriate mental health facility or treatment program which agrees to
provide treatment to the defendant and to adhere to the requirements of this section and
(3) the court shall order the placement, on either an inpatient or an outpatient basis,
which it finds is the least restrictive placement appropriate and available to restore
competency. If outpatient treatment is the least restrictive placement for a defendant who
has not yet been released from a correctional facility, the court shall consider whether the
availability of that treatment is a sufficient basis on which to release the defendant on
a promise to appear, conditions of release, cash bail or bond. If the court determines
that the defendant may not be so released, the court shall order treatment of the defendant
on an inpatient basis at a mental health facility or mental retardation facility.
(j) Progress reports re treatment. The person in charge of the treatment facility,
or such person's designee, shall submit a written progress report to the court (1) at least
seven days prior to the date of any hearing on the issue of the defendant's competency;
(2) whenever he believes that the defendant has attained competency; (3) whenever he
believes that there is not a substantial probability that the defendant will attain competency within the period covered by the placement order; or (4) whenever the defendant
has been placed for treatment pending civil commitment proceedings pursuant to subdivision (2) of subsection (h) of this section and the application for civil commitment of
the defendant is denied or not pursued. The progress report shall contain: (A) The clinical
findings of the person submitting the report and the facts on which the findings are
based; (B) the opinion of the person submitting the report as to whether the defendant has
attained competency or as to whether the defendant is making progress, under treatment,
toward attaining competency within the period covered by the placement order; and (C)
any other information concerning the defendant requested by the court, including, but
not limited to, the method of treatment or the type, dosage and effect of any medication
the defendant is receiving.
(k) Reconsideration of competency. Hearing. (1) When any placement order for
treatment is rendered or continued, the court shall set a date for a hearing, to be held
within ninety days, for reconsideration of the issue of the defendant's competency.
Whenever the court receives a report pursuant to subsection (j) of this section which
indicates that (A) the defendant has attained competency, (B) the defendant will not
attain competency within the remainder of the period covered by the placement order,
or (C) the defendant will not attain competency within the remainder of the period
covered by the placement order absent administration of psychiatric medication for
which the defendant is unwilling or unable to provide consent, the court shall set the
matter for a hearing no later than ten days after the report is received. The hearing may
be waived by the defendant only if the report indicates that the defendant is competent.
The court shall determine whether the defendant is competent or is making progress
toward attainment of competency within the period covered by the placement order. If
the court finds that the defendant is competent, the defendant shall be returned to the
custody of the Commissioner of Correction or released, if the defendant has met the
conditions for release, and the court shall continue with the criminal proceedings. If the
court finds that the defendant is still not competent but that the defendant is making
progress toward attaining competency, it may continue or modify the placement order.
If the court finds that the defendant is still not competent and will not attain competency
within the remainder of the period covered by the placement order absent administration
of psychiatric medication for which the defendant is unwilling or unable to provide
consent, it shall proceed as provided in subdivisions (2) and (3) of this subsection.
(2) If the court finds that the defendant will not attain competency within the remainder of the period covered by the placement order absent administration of psychiatric
medication for which the defendant is unwilling or unable to provide consent, and after
any hearing held pursuant to subdivision (3) of this subsection, it may order the involuntary medication of the defendant if it finds by clear and convincing evidence that: (A)
To a reasonable degree of medical certainty involuntary medication of the defendant
will render the defendant competent to stand trial, (B) an adjudication of guilt or innocence cannot be had using less intrusive means, (C) the proposed treatment plan is
narrowly tailored to minimize intrusion on the defendant's liberty and privacy interests,
(D) the proposed drug regime will not cause an unnecessary risk to the defendant's
health, and (E) the seriousness of the alleged crime is such that the criminal law enforcement interest of the state in fairly and accurately determining the defendant's guilt or
innocence overrides the defendant's interest in self-determination.
(3) If the court finds that the defendant is unable to provide consent for the administration of psychiatric medication, and prior to deciding whether to order the involuntary
medication of the defendant under subdivision (2) of this subsection, the court shall
appoint a health care guardian who shall be a licensed health care provider with specialized training in the treatment of persons with psychiatric disabilities to represent the
health care interests of the defendant before the court. Notwithstanding the provisions
of section 52-146e, such health care guardian shall have access to the psychiatric records
of the defendant. Such health care guardian shall file a report with the court not later
than thirty days after his or her appointment. The report shall set forth such health care
guardian's findings and recommendations concerning the administration of psychiatric
medication to the defendant including the risks and benefits of such medication, the
likelihood and seriousness of any adverse side effects and the prognosis with and without
such medication. The court shall hold a hearing on the matter not later than ten days
after receipt of such health care guardian's report and shall, in deciding whether to
order the involuntary medication of the defendant, take into account such health care
guardian's opinion concerning the health care interests of the defendant.
(4) The state shall hold harmless and indemnify any health care guardian appointed
by the court pursuant to subdivision (3) of this subsection from financial loss and expense
arising out of any claim, demand, suit or judgment by reason of such health care guardian's alleged negligence or alleged deprivation of any person's civil rights or other act
or omission resulting in damage or injury, provided the health care guardian is found
to have been acting in the discharge of his or her duties pursuant to said subdivision (3)
and such act or omission is found not to have been wanton, reckless or malicious. The
provisions of subsections (b), (c) and (d) of section 5-141d shall apply to such health
care guardian. The provisions of chapter 53 shall not apply to a claim against such health
care guardian.
(l) Failure of defendant to return to treatment facility. If a defendant who has
been ordered placed for treatment on an inpatient basis at a mental health facility or
mental retardation facility is released from such facility on a furlough or for work,
therapy or any other reason and fails to return to the facility in accordance with the terms
and conditions of his release, the person in charge of the facility or his designee shall,
within twenty-four hours of the defendant's failure to return, report such failure to the
prosecuting authority for the court location which ordered the placement of the defendant. Upon receipt of such a report, the prosecuting authority shall, within available
resources, make reasonable efforts to notify any victim or victims of the crime for which
the defendant is charged of such defendant's failure to return to the facility. No civil
liability shall be incurred by the state or the prosecuting authority for failure to notify
any victim or victims in accordance with this subsection. The failure of a defendant to
return to the facility in which he has been placed may constitute sufficient cause for his
rearrest upon order by the court.
(m) Release or placement of defendant who will not attain competency. If at
any time the court determines that there is not a substantial probability that the defendant
will attain competency within the period of treatment allowed by this section, or if at
the end of such period the court finds that the defendant is still not competent, the court
shall either release the defendant from custody or order the defendant placed in the
custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Mental Retardation. The commissioner given custody, or the commissioner's designee, shall then apply for civil
commitment according to sections 17a-75 to 17a-83, inclusive, 17a-270 to 17a-282,
inclusive, and 17a-495 to 17a-528, inclusive. The court shall hear arguments as to
whether the defendant should be released or should be placed in the custody of the
Commissioner of Mental Health and Addiction Services, the Commissioner of Children
and Families or the Commissioner of Mental Retardation. If the court orders the release
of a defendant charged with the commission of a crime that resulted in the death or
serious physical injury, as defined in section 53a-3, of another person, or orders the
placement of such defendant in the custody of the Commissioner of Mental Health and
Addiction Services, the court may, on its own motion or on motion of the prosecuting
authority, order, as a condition of such release or placement, periodic examinations of
the defendant as to his competency. Such an examination shall be conducted in accordance with subsection (d) of this section. Upon receipt of the written report as provided
in subsection (d) of this section, the court shall, upon the request of either party filed not
later than thirty days after the court receives such report, conduct a hearing as provided in
subsection (e) of this section. Such hearing shall be held not later than ninety days
after the court receives such report. If the court finds that the defendant has attained
competency, he shall be returned to the custody of the Commissioner of Correction or
released, if he has met the conditions for release, and the court shall continue with the
criminal proceedings. Periodic examinations ordered by the court under this subsection
shall continue until the court finds that the defendant has attained competency or until
the time within which the defendant may be prosecuted for the crime with which he is
charged, as provided in section 54-193 or 54-193a, has expired, whichever occurs first.
The court shall dismiss, with or without prejudice, any charges for which a nolle prosequi
is not entered when the time within which the defendant may be prosecuted for the
crime with which he is charged, as provided in section 54-193 or 54-193a, has expired.
Notwithstanding the erasure provisions of section 54-142a, police and court records and
records of any state's attorney pertaining to a charge which is nolled or dismissed without
prejudice while the defendant is not competent shall not be erased until the time for the
prosecution of the defendant expires under section 54-193 or 54-193a. A defendant who
is not civilly committed as a result of an application made by the Commissioner of
Mental Health and Addiction Services, the Commissioner of Children and Families or
the Commissioner of Mental Retardation pursuant to this section shall be released. A
defendant who is civilly committed pursuant to such an application shall be treated in
the same manner as any other civilly committed person.
(n) Payment of costs. The cost of the examination effected by the Commissioner
of Mental Health and Addiction Services and of testimony of persons conducting the
examination effected by the commissioner shall be paid by the Department of Mental
Health and Addiction Services. The cost of the examination and testimony by physicians
appointed by the court shall be paid by the Judicial Department. If the defendant is
indigent, the fee of the person selected by the defendant to observe the examination and
to testify on his behalf shall be paid by the Public Defender Services Commission. The
expense of treating a defendant placed in the custody of the Commissioner of Mental
Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Mental Retardation pursuant to subdivision (2) of subsection (h) of this
section or subsection (i) of this section shall be computed and paid for in the same
manner as is provided for persons committed by a probate court under the provisions
of sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340
to 17b-350, inclusive, 17b-689b and 17b-743 to 17b-747, inclusive.
(o) Custody of defendant. Until the hearing is held, the defendant, if not released
on a promise to appear, conditions of release, cash bail or bond, shall remain in the
custody of the Commissioner of Correction unless hospitalized as provided in sections
17a-512 to 17a-517, inclusive.
(p) Placement of violent defendant. This section shall not be construed to require
the Commissioner of Mental Health and Addiction Services to place any violent defendant in a mental institution which does not have the trained staff, facilities and security
to accommodate such a person. If placement in such a facility becomes necessary, a
state policeman shall be provided to guard the defendant after placement in such an
institution.
(q) Defense of defendant prior to trial. This section shall not prevent counsel for
the defendant from raising, prior to trial and while the defendant is not competent, any
issue susceptible of fair determination.
(r) Credit for confinement time. Actual time spent in confinement on an inpatient
basis pursuant to this section shall be credited against any sentence imposed on the
defendant in the pending criminal case or in any other case arising out of the same
conduct in the same manner as time is credited for time spent in a correctional facility
awaiting trial.
(1949 Rev., S. 8748; 1959, P.A. 523, S. 2; 1967, P.A. 670; 1969, P.A. 828, S. 213; P.A. 74-306, S. 1-4; P.A. 75-476,
S. 1-3, 6; P.A. 76-353; 76-436, S. 532, 681; P.A. 77-415, S. 1, 2; P.A. 78-280, S. 117, 127; P.A. 80-313, S. 32; P.A. 81-365; P.A. 83-183, S. 1-5; P.A. 84-506; P.A. 85-288; 85-613, S. 79, 154; P.A. 93-91, S. 1, 2; P.A. 94-27, S. 16, 17; P.A.
95-146; 95-257, S. 11, 58; P.A. 96-90; 96-180, S. 128, 166; 96-215, S. 3, 4; P.A. 98-88, S. 1, 2; P.A. 01-41; June 30 Sp.
Sess. P.A. 03-3, S. 13-17, 97; P.A. 04-28, S. 1; 04-76, S. 57.)
History: 1959 act added provision re computation and payment of hospital expense during confinement; 1967 act
divided section into Subsecs., added qualification of inability to assist in his own defense to Subsecs. (a) and (c) and
authority of judge to act on his own motion in Subsec. (a), amended Subsec. (b) to make mandatory the appointment of at
least two psychiatrists rather than discretionary appointment of two or three physicians to examine accused and added
provisions re commitment to state hospital for mental illness for examination, re physician's witnessing of examination
and re filing of examination report; 1969 act added Subsec. (d) re maximum periods of commitment; P.A. 74-306 amended
Subsec. (b) to make judge's appointment of examiners optional rather than mandatory, to change number appointed from
"at least two" to "one or more", to replace provision re commitment to state hospital with provisions re commitment to
commissioner of mental health and examination by clinical team, to impose fifteen-day deadline for filing written report,
to require hearing and to specify when hearing may be waived, amended Subsecs. (c) and (d) to reflect changes in Subsec.
(b), imposing fifteen-day deadline for hearing in Subsec. (c) and provision re application of Sec. 17-197 in Subsec. (d),
and added Subsecs. (e) and (f) re commitment of violent person and re cost of examinations; P.A. 75-476 restated and
clarified Subsec. (b) adding procedural details and limiting examinations to a determination of accused's ability to understand proceeding and assist in his own defense where previously determination was of accused's "mental condition", made
similar changes in Subsec. (c), eliminating references to insanity and mental defectiveness and deleting provision stating
that expenses are to be paid in same manner as expenses in superior court criminal prosecutions, and amended Subsec. (d)
to replace previous provisions re maximum commitment for period equaling maximum sentence for the particular crime
or for twenty-five years if case involves class A felony with maximum commitment period of eighteen months, to make
changes conforming provisions to changes in Subsecs. (b) and (c) and to add provisions re hearing procedure and options
to proceed with trial, reconfine accused, etc.; P.A. 76-353 amended Subsec. (b) to set ten-day deadline for hearing where
previously "prompt" hearing was required, amended Subsec. (c) to add references to commissioner of mental retardation,
to require hearing within ten rather than fifteen days and to add reference to possibility that accused will not be able to
understand proceeding and assist in his own defense within remainder of commitment period, amended Subsec. (d) to
conform with changes in Subsec. (c) and to restore optional maximum commitment for maximum period of sentence which
may be imposed for the crime he is accused of and repealed Subsecs. (e) and (f) by omission; P.A. 76-436 amended section
to reflect substitution of assistant state's attorneys for prosecuting attorneys, effective July 1, 1978; P.A. 77-415 restated
provisions, reorganized Subsecs. and added Subsecs. (f) and (g) restoring provisions omitted by P.A. 76-353; P.A. 78-280
made technical grammatical change in Subsec. (b); P.A. 80-313 restated and reordered provisions, and revised subsection
divisions but made no substantive changes; Sec. 54-40 transferred to Sec. 54-56d in 1981; P.A. 81-365 replaced previous
section which was declared unconstitutional; P.A. 83-183 authorized placement of defendant in custody of children and
youth services commissioner in Subsecs. (g), (i), (l) and (m) and specified that court may order treatment at mental retardation facilities in Subsec. (i); P.A. 84-506 amended Subsec. (d) to require the examiner to "prepare and sign, without
notarization" a written report and file it with the court "within ten days" of the examination, amended Subsec. (g) to replace
provision requiring court to either release the defendant or place him in the custody of the commissioner of mental health,
children and youth services or mental retardation with provision that the court shall "follow the procedure set forth in
Subsec. (m)", added a new Subsec. (l) re the responsibilities of the person in charge of a treatment facility and the prosecuting
authority when a defendant fails to return to such facility, and relettered remaining Subsecs. accordingly; P.A. 85-288
amended Subsec. (m) to provide that the court shall dismiss, with or without prejudice, any charges for which a nolle
prosequi is not entered when the time within which the defendant may be prosecuted for the crime with which he is charged
has expired; P.A. 85-613 made technical change in Subsec. (m), substituting reference to chapter 368t for reference to
chapter 365a; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-27 amended Subsec. (m) to delete reference to Secs.
17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-146 amended Subsec. (d) to revise the composition of the
clinical team by replacing "a psychiatric social worker" with "one of the following: A clinical independent social worker
certified pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a master's degree in nursing", to add
exception re appointment of an employee of the Department of Mental Health as a member of a clinical team, to revise
the list of professionals authorized to observe the examination by deleting "a psychiatric social worker" and adding "a
clinical independent social worker certified pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a
master's degree in nursing" and to require the report to be filed "within twenty-one business days of the date of the order"
rather than "within ten days of the completion of the examination"; P.A. 95-257 replaced Commissioner and Department
of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995;
P.A. 96-90 amended Subsec. (m) to delete references to Secs. 17a-450 to 17a-484, inclusive, 17a-540 to 17a-550, inclusive,
17a-560 to 17a-576, inclusive, 17a-615 to 17a-618, inclusive, and 46a-11a to 46a-11g, inclusive; P.A. 96-180 made technical changes in Subsec. (d) by replacing references to "clinical independent social worker certified pursuant to chapter
383b" with "clinical social worker licensed pursuant to chapter 383b", effective June 3, 1996; P.A. 96-215 amended Subsec.
(b) by deleting "clear and convincing" evidence and inserting "preponderance of the" evidence in lieu thereof, effective
June 4, 1996; (Revisor's note: In 1997 the references to "17b-115 to 17b-138" and "17b-689 to 17b-693, inclusive," in
Subsec. (n) were changed editorially by the Revisors to "17b-116 to 17b-138" and "17b-689, 17b-689b", respectively, to
reflect the repeal of certain sections by Sec. 164 of June 18 Sp. Sess. P.A. 97-2); P.A. 98-88 amended Subsec. (k) to designate
existing provisions as Subdiv. (1), redesignating former Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, adding
Subpara. (C) re a report that the defendant will not attain competency absent administration of psychiatric medication for
which the defendant is unwilling or unable to provide consent and adding provision requiring the court to proceed as
provided in Subdivs. (2) and (3) if it finds that the defendant will not attain competency absent administration of psychiatric
medication for which the defendant is unwilling or unable to provide consent, to add new Subdiv. (2) authorizing the court
to order the involuntary medication of the defendant if it makes certain findings by clear and convincing evidence, and to
add new Subdiv. (3) requiring the appointment of a licensed health care provider to represent the health care interests of
the defendant if the defendant is unable to provide consent for the administration of psychiatric medication, requiring such
person to file a report with the court setting forth his findings and recommendations re the administration of psychiatric
medication to the defendant and requiring the court to hold a hearing on the matter and consider such person's opinion in
deciding whether to order the involuntary medication of the defendant, and amended Subsec. (m) to authorize a court when
it releases a defendant charged with a crime that resulted in the death or serious physical injury of another person to order
periodic examinations of the defendant, set forth the procedure for conducting such an examination and a subsequent
hearing by the court, require the continuation of criminal proceedings if the defendant is found to have attained competency,
specify the duration of such periodic examinations and add references to Sec. 54-193a; P.A. 01-41 amended Subsec. (k)
to designate as "a health care guardian" the person appointed in Subdiv. (3) to represent the health care interests of the
defendant, add Subdiv. (4) re indemnification of health care guardians and make technical changes in Subdivs. (1) and
(2); June 30 Sp. Sess. P.A. 03-3 amended Subsec. (d) by adding provision re whether defendant appears eligible for civil
commitment with monitoring by Court Support Services Division pursuant to Subsec. (h)(2), adding Subdiv. and Subpara.
designators and making technical changes, amended Subsec. (h) by designating existing provisions as Subdiv. (1) and
amending said Subdiv. by designating provisions re ordering placement for treatment as Subpara. (A) and adding Subpara.
(B) re ordering placement at treatment facility pending civil commitment proceedings, and by adding Subdiv. (2) re
placement of defendant in custody of Commissioner of Mental Health and Addiction Services at treatment facility pending
civil commitment proceedings, amended Subsec. (j) by adding Subdiv. (4) re report whenever defendant has been placed
for treatment pending civil commitment proceedings and application for civil commitment is denied or not pursued and
by making technical changes, amended Subsec. (m) by adding provision re if court orders placement of defendant in
custody of Commissioner of Mental Health and Addiction Services and by making technical changes, and amended Subsec.
(n) by adding reference to Subsec. (h)(2), effective August 20, 2003, and, in repealing Secs. 17b-19, 17b-62 to 17b-65,
inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and
17b-287, also authorized deletion of internal references to said sections in this section, effective March 1, 2004; P.A. 04-28 amended Subsec. (d) by changing "or" to "and" re determinations of probability that defendant will regain competency
and whether defendant appears eligible for civil commitment, effective April 28, 2004; P.A. 04-76 amended Subsec. (n)
by deleting references to Secs. 17b-118b and 17b-221 that were repealed by the same act; (Revisor's note: In 2005, a
reference in Subsec. (m) to Sec. 17a-283 was changed editorially by the Revisors to Sec. 17a-282 to reflect the repeal of
Sec. 17a-283 by P.A. 04-54).
See Sec. 17a-543a re appointment of special limited conservator for and administration of medication to defendant
placed in custody of Commissioner of Mental Health and Addiction Services.
See Sec. 17a-566 re required examination of persons convicted of certain crimes for signs of mental illness.
Annotations to former section 54-40:
Cited. 134 C. 45; 161 C. 20. A person who is "insane" within the meaning of the rule exempting mentally disabled
persons from execution is not necessarily "insane" within the meaning of the rules precluding incompetent persons from
trial, conviction and sentencing. 169 C. 13. Cited. 171 C. 454, 455. Cited. 193 C. 526, 531, 544.
Cited. 6 CA 476-478, 483.
Cited. 14 CS 33.
Commitment hereunder operates in all particulars as civil commitment by probate court and committed person's assets
must be used for his support. 5 Conn. Cir. Ct. 542. This section applies to those already committed at time of enactment
and is not ex post facto as it is not a criminal statute. Id.
Subsec. (e):
Cited. 198 C. 273, 275, 282.
Annotations to present section:
Cited. 186 C. 476, 480. Cited. 189 C. 61, 63, 64; Id., 566, 567. Cited. 192 C. 520, 525. Cited. 198 C. 598, 606. Cited.
199 C. 359, 364. Cited. 200 C. 224, 242. Cited. 205 C. 673, 677. Cited. 210 C. 304, 305. Cited. 222 C. 312-314. Cited.
224 C. 29, 38. Cited. Id., 907. Cited. 225 C. 524-527. Cited. 227 C. 930. Cited. 229 C. 228, 231, 234. Cited. 230 C. 572,
574, 582, 584-586, 589. Cited. 233 C. 44-46, 53, 60, 68, 78, 91-93. Cited. Id., 813, 825. Cited. 235 C. 671, 674-676.
Cited. 5 CA 79, 81. Cited. 6 CA 476-478, 483. Cited. 8 CA 491, 492. Cited. 9 CA 587, 589, 590, 596. Cited. 14 CA
140, 141. Cited. Id., 586, 594. Cited. 17 CA 602, 616. Cited. 22 CA 199, 201, 203, 204. Cited. Id., 477, 486. Cited. 25 CA
741, 744, 746. Cited. 28 CA 360, 367, 368; judgment reversed, see 229 C. 529 et seq. Cited. Id., 548-552. Cited. 30 CA
428, 431. Cited. 32 CA 553, 560, 561. Cited. 36 CA 641-643, 645, 646. Cited. 54 CA 361. Defendant is presumed competent
and burden to show otherwise is on party alleging incompetence. 62 CA 367. Trial court did not improperly fail to order
competency hearing in light of court's observations of defendant at trial and various evaluation reports from mental health
facility in which he had been treated, all of which concluded that he was competent to stand trial and that he was engaging
in a deliberate pattern of behavior to delay his trial. Trial court did not abuse its discretion in determining defendant was
malingering in order to delay trial and that competency hearing under section was not required. 81 CA 294.
Cited. 44 CS 101, 104.
Subsec. (a):
Cited. 192 C. 383, 389. Cited. 198 C. 598, 604. Cited. 205 C. 673, 687. Cited. 223 C. 557, 562, 563. Cited. 230 C. 109,
131. Cited. 233 C. 44, 67, 85. Cited. Id., 813, 826. Cited. 237 C. 633.
Cited. 22 CA 199, 201. Cited. 32 CA 553, 561. Cited. 34 CA 236, 239. Cited. 36 CA 135, 137. No abuse of discretion
in finding defendant competent to stand trial. 68 CA 470.
Subsec. (b):
Cited. 237 C. 633.
Cited. 5 CA 79, 82. Cited. 28 CA 360, 367, 368; judgment reversed, see 229 C. 529 et seq.
Subsec. (c):
Cited. 192 C. 383, 387. Cited. 200 C. 224, 238. Cited. 205 C. 673, 677, 682, 687. Cited. 237 C. 633.
Cited. 5 CA 79, 82. Cited. 20 CA 212, 213. Cited. 36 CA 135, 136, 138.
Subsec. (d):
Cited. 192 C. 383, 387. Cited. 200 C. 224, 227, 229. Cited. 237 C. 633.
Subsec. (e):
Cited. 214 C. 476, 481. Cited. 32 CA 553, 561.
Subsec. (f):
Cited. 22 CA 199, 201, 203.
Subsec. (g):
Cited. 22 CA 199, 204.
Subsec. (h):
Cited. 205 C. 673, 678.
Subsec. (i):
Cited. 205 C. 673, 678. Subdiv. (1) cited. 233 C. 44, 62, 68, 91. Subdiv. (2) cited. Id., 44, 68. Cited. 235 C. 671. Subdiv.
(1) cited. Id., 671, 674.
Cited. 22 CA 199, 202, 205.
Subsec. (k):
Discussion of whether trial court correctly used standards set forth in statute in determining whether to order forced
medication of defendant to render him competent to stand trial. Confirmation that statute makes it mandatory to appoint
a licensed health care provider to represent health care interests of defendant if court finds that defendant is unable to
provide consent for involuntary medication. 70 CA 488.
Subsec. (m):
Cited. 192 C. 520, 522. Cited. 233 C. 44, 68.
Cited. 22 CA 199-206. Unconditional release under statute is a reasonable legislative determination. Id.
Sec. 54-56e. (Formerly Sec. 54-76p). Accelerated pretrial rehabilitation. (a)
There shall be a pretrial program for accelerated rehabilitation of persons accused of a
crime or crimes or a motor vehicle violation or violations for which a sentence to a term
of imprisonment may be imposed, which crimes or violations are not of a serious nature.
(b) The court may, in its discretion, invoke such program on motion of the defendant
or on motion of a state's attorney or prosecuting attorney with respect to a defendant
(1) who, the court believes, will probably not offend in the future, (2) who has no previous
record of conviction of a crime or of a violation of section 14-196, subsection (c) of
section 14-215, section 14-222a, subsection (a) of section 14-224 or section 14-227a,
(3) who has not been adjudged a youthful offender within the preceding five years under
the provisions of sections 54-76b to 54-76n, inclusive, and (4) who states under oath, in
open court or before any person designated by the clerk and duly authorized to administer
oaths, under the penalties of perjury that the defendant has never had such program
invoked in the defendant's behalf, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form approved by rule of court, to
the victim or victims of such crime or motor vehicle violation, if any, by registered or
certified mail and such victim or victims have an opportunity to be heard thereon. In
determining whether to grant an application under this section with respect to a person
who has been adjudged a youthful offender under the provisions of sections 54-76b
to 54-76n, inclusive, more than five years prior to the date of such application, and
notwithstanding the provisions of section 54-76l, the court shall have access to the
youthful offender records of such person and may consider the nature and circumstances
of the crime with which such person was charged as a youth. Any defendant who makes
application for participation in such program shall pay to the court an application fee
of thirty-five dollars.
(c) This section shall not be applicable: (1) To any person charged with a class A
felony, a class B felony, except a violation of section 53a-122 that does not involve the
use, attempted use or threatened use of physical force against another person, or a violation of section 14-227a, subdivision (2) of subsection (a) of section 53-21, section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196e
or 53a-196f, (2) to any person charged with a crime or motor vehicle violation who, as
a result of the commission of such crime or motor vehicle violation, causes the death
of another person, (3) to any person accused of a family violence crime as defined in
section 46b-38a who (A) is eligible for the pretrial family violence education program
established under section 46b-38c, or (B) has previously had the pretrial family violence
education program invoked in such person's behalf, (4) to any person charged with a
violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education
program established under section 54-56i, or (B) has previously had the pretrial drug
education program invoked in such person's behalf, or (5) unless good cause is shown,
to any person charged with a class C felony.
(d) Except as provided in subsection (e) of this section, any defendant who enters
such program shall pay to the court a participation fee of one hundred dollars. Any
defendant who enters such program shall agree to the tolling of any statute of limitations
with respect to such crime and to a waiver of the right to a speedy trial. Any such
defendant shall appear in court and shall, under such conditions as the court shall order,
be released to the custody of the Court Support Services Division, except that, if a
criminal docket for drug-dependent persons has been established pursuant to section
51-181b in the judicial district, such defendant may be transferred, under such conditions
as the court shall order, to the court handling such docket for supervision by such court.
If the defendant refuses to accept, or, having accepted, violates such conditions, the
defendant's case shall be brought to trial. The period of such probation or supervision,
or both, shall not exceed two years. The court may order that as a condition of such
probation the defendant participate in the zero-tolerance drug supervision program established pursuant to section 53a-39d. If the defendant has reached the age of sixteen
years but has not reached the age of eighteen years, the court may order that as a condition
of such probation the defendant be referred for services to a youth service bureau established pursuant to section 17a-39, provided the court finds, through an assessment by
a youth service bureau or its designee, that the defendant is in need of and likely to
benefit from such services. When determining any conditions of probation to order for
a person entering such program who was charged with a misdemeanor that did not
involve the use, attempted use or threatened use of physical force against another person
or a motor vehicle violation, the court shall consider ordering the person to perform
community service in the community in which the offense or violation occurred. If the
court determines that community service is appropriate, such community service may
be implemented by a community court established in accordance with section 51-181c
if the offense or violation occurred within the jurisdiction of a community court established by said section. If the defendant is charged with a violation of section 46a-58,
53-37a, 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of such
probation the defendant participate in a hate crimes diversion program as provided in
subsection (e) of this section. If a defendant is charged with a violation of section 53-247, the court may order that as a condition of such probation the defendant undergo
psychiatric or psychological counseling or participate in an animal cruelty prevention
and education program provided such a program exists and is available to the defendant.
(e) If the court orders the defendant to participate in a hate crimes diversion program
as a condition of probation, the defendant shall pay to the court a participation fee of
four hundred twenty-five dollars. No person may be excluded from such program for
inability to pay such fee, provided (1) such person files with the court an affidavit of
indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the
Court Support Services Division, and (3) the court enters a finding thereof. The Judicial
Department shall contract with service providers, develop standards and oversee appropriate hate crimes diversion programs to meet the requirements of this section. Any
defendant whose employment or residence makes it unreasonable to attend a hate crimes
diversion program in this state may attend a program in another state which has standards
substantially similar to, or higher than, those of this state, subject to the approval of the
court and payment of the application and program fees as provided in this section. The
hate crimes diversion program shall consist of an educational program and supervised
community service.
(f) If a defendant released to the custody of the Court Support Services Division
satisfactorily completes such defendant's period of probation, such defendant may apply
for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for
dismissal of the charges against such defendant after satisfactorily completing such
defendant's period of probation, the court, upon receipt of a report submitted by the Court
Support Services Division that the defendant satisfactorily completed such defendant's
period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. If a defendant transferred to the court handling the criminal docket for drug-dependent persons satisfactorily completes such defendant's period
of supervision, the court shall release the defendant to the custody of the Court Support
Services Division under such conditions as the court shall order or shall dismiss such
charges. Upon dismissal, all records of such charges shall be erased pursuant to section
54-142a. An order of the court denying a motion to dismiss the charges against a defendant who has completed such defendant's period of probation or supervision or terminating the participation of a defendant in such program shall be a final judgment for purposes
of appeal.
(P.A. 73-641, S. 1, 2; P.A. 74-38; P.A. 76-53; 76-179; P.A. 79-581, S. 11; 79-585, S. 10, 15; P.A. 81-446, S. 4; P.A.
82-9; P.A. 83-534, S. 7; P.A. 85-350, S. 2; 85-374; P.A. 87-343, S. 3, 4; P.A. 87-567, S. 5, 7; P.A. 88-145; P.A. 89-219,
S. 7, 10; P.A. 91-24, S. 6; May Sp. Sess. P.A. 92-6, S. 116, 117; P.A. 93-138; P.A. 95-142, S. 4; 95-154; 95-225, S. 31;
P.A. 97-248, S. 10, 12; P.A. 98-81, S. 16, 20; 98-208, S. 1, 2; P.A. 99-148, S. 3, 4; 99-187, S. 5; P.A. 00-72, S. 4, 12; 00-196, S. 39; 00-209, S. 5; P.A. 01-16; 01-84, S. 19, 26; P.A. 02-132, S. 34; P.A. 03-208, S. 2; P.A. 04-139, S. 9.)
History: P.A. 74-38 transferred power to invoke accelerated rehabilitation program from state's attorney or prosecuting
attorney to the court and replaced provision which made section inapplicable to persons accused of class A, B or C felony
with provision specifying that section is inapplicable in such cases "unless good cause is shown"; P.A. 76-53 clarified
provision requiring that crime victims be given opportunity to express their views by specifying notice procedure; P.A.
76-179 required that candidate for rehabilitation state under oath that he has not previously had the program invoked on
his behalf; P.A. 79-581 rendered provisions inapplicable to youths previously adjudged youthful offenders; P.A. 79-585
substituted office of adult probation for commission on adult probation; Sec. 54-76p transferred to Sec. 54-56e in 1981;
P.A. 81-446 excluded persons charged with a violation of Sec. 14-227a from the provisions of this section; P.A. 82-9
substituted "in the future" for "again" and added provision re erasure of records pursuant to Sec. 54-142a upon dismissal;
P.A. 83-534 excluded persons charged with a violation of Sec. 53a-56b or 53a-60d from the provisions of this section;
P.A. 85-350 added provision that if the defendant does not apply for dismissal of the charges against him after satisfactory
completion of the program the court may on its own motion make a finding of satisfactory completion and dismiss the
charges; P.A. 85-374 added provision that certain court orders are final judgments for purposes of appeal; P.A. 87-343
made persons accused of a motor vehicle violation for which a sentence to a term of imprisonment may be imposed eligible
for the program; P.A. 87-567 specified that section will not apply to persons accused of a family violence crime who are
(1) eligible for pretrial family education program established under Sec. 46b-38c or (2) have previously had pretrial family
violence education program invoked in their behalf; P.A. 88-145 precluded from the program an accused who has a previous
record of conviction of "a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a)
of section 14-224 or section 14-227a", and made a technical change to conform with the changes made by P.A. 87-343 by
requiring the accused to give notice to the victim or victims of such crime "or motor vehicle violation"; P.A. 89-219
established an application fee of twenty-five dollars and a participation fee of one hundred dollars; P.A. 91-24 added
provision permitting the defendant to make a sworn statement "before any person designated by the clerk and duly authorized
to administer oaths"; May Sp. Sess. P.A. 92-6 increased application fee from twenty-five to thirty-five dollars; P.A. 93-138 made persons accused of more than one crime or motor vehicle violation eligible for the program; P.A. 95-142 made
ineligible for the program any person charged with a violation of Subdiv. (2) of Sec. 53-21 or Sec. 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b; P.A. 95-154 made ineligible for the program any person charged with a class A or B
felony and any person who has previously been adjudged a youthful offender for the commission of a class B felony,
however provision re youthful offenders failed to take effect because of irreconcilable conflict with P.A. 95-225, the
provisions of that act having taken precedence; P.A. 95-225 made ineligible for the program any person who has previously
been adjudged a youthful offender where formerly a "youth" who has previously been adjudged a youthful offender was
ineligible unless good cause was shown, and added provision authorizing the court to order certain defendants be referred
for services to a youth service bureau as a condition of probation if the court finds that they are in need of and likely to
benefit from such services; P.A. 97-248 authorized the transfer of a defendant to the court handling the criminal docket
for drug-dependent persons if such a docket has been established in the judicial district, specified that the period of probation
or supervision or both not exceed two years and provided that if a defendant transferred to the court handling the criminal
docket for drug-dependent persons satisfactorily completes his period of supervision the court shall release the defendant
to the Office of Adult Probation or dismiss the charges, effective July 1, 1997; P.A. 98-81 after "who has not been adjudged
a youthful offender" added "on or after October 1, 1995", effective May 22, 1998; P.A. 98-208 inserted Subsec., Subdiv.
and Subpara. indicators and amended Subsec. (c) to add Subdiv. (2) making provisions inapplicable to any person charged
with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes
the death of another person, effective July 1, 1998; P.A. 99-148 amended Subsec. (c) to add new Subdiv. (4) making
provisions inapplicable to any person charged with a violation of Sec. 21a-267 or 21a-279 who is eligible for the pretrial
drug education program under Sec. 54-56i or has previously had such program invoked in such person's behalf and made
provisions of section gender neutral, effective July 1, 1999; P.A. 99-187 amended Subsec. (d) to add provision authorizing
the court to order as a condition of probation that the defendant participate in the zero-tolerance drug supervision program
established pursuant to Sec. 53a-39d and to make technical changes for purposes of gender neutrality; P.A. 00-72 amended
Subsec. (d) to add exception re amount of the participation fee and add provision authorizing the court to order participation
in a hate crimes diversion program as a condition of probation for defendants charged with a violation of Sec. 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, added new Subsec. (e) re hate crimes diversion program and redesignated former
Subsec. (e) as Subsec. (f), effective July 1, 2001; P.A. 00-196 amended Subsec. (d) to add provisions requiring the court
to consider ordering a person charged with a misdemeanor that did not involve the use, attempted use or threatened use
of physical force against another person or a motor vehicle violation to perform community service as a condition of
probation and authorizing such community service to be implemented by a community court if the offense or violation
occurred within the jurisdiction of a community court, which provisions were formerly incorporated in Sec. 53a-28(e) and
were deleted therefrom by same public act; P.A. 00-209 amended Subsec. (b) to replace in Subdiv. (3) the condition that
the defendant "has not previously been adjudged a youthful offender on or after October 1, 1995," with condition that the
defendant "has not been adjudged a youthful offender within the preceding five years", and to add provision that in
determining whether to grant an application for a person who has been adjudged a youthful offender more than five years
prior to the date of the application, the court shall have access to the youthful offender records of such person and may
consider the crime such person was charged with as a youth; P.A. 01-16 amended Subsec. (c)(1) to add exception re
eligibility of any person charged with a violation of Sec. 53a-122 that does not involve the use, attempted use or threatened
use of physical force against another person and to make a technical change; P.A. 01-84 amended Subsec. (c)(1) to replace
reference to "subdivision (2) of section 53-21" with "subdivision (2) of subsection (a) of section 53-21", effective July 1,
2001; P.A. 02-132 replaced "Office of Adult Probation" with "Court Support Services Division" in Subsecs. (d), (e) and
(f) and replaced "Office of Adult Probation" with "Judicial Department" re authority for contracting with service providers
in Subsec. (e); P.A. 03-208 amended Subsec. (d) to add provision authorizing the court to order counseling or participation
in an animal cruelty prevention and education program for a defendant charged with a violation of Sec. 53-247; P.A. 04-139 amended Subsec. (c)(1) to make section inapplicable to a person charged with a violation of Sec. 53a-90a, 53a-196e
or 53a-196f.
Annotation to former section 54-76p:
Cited. 36 CS 527-529, 531. Found error in denial of application for accelerated rehabilitation; detailed discussion in
dissent. 37 CS 767, 768, 778-786.
Annotations to present section:
Denial of application for accelerated rehabilitation not a final judgment from which right of appeal lies. 189 C. 92, 95
(Diss. Op.). Claim to a dismissal of charges based on successful completion of conditions imposed under statute is interlocutory and review of claim not deemed proper as an exception to the ground rule requiring final judgment; exceptions
discussed. 194 C. 650, 651, 656-659. Cited. 206 C. 512, 516. Cited. 219 C. 752, 753, 755-762. Cited. 222 C. 331, 340.
Denial of application for accelerated rehabilitation is not appealable following plea of nolo contendere. 2 CA 219, 220.
"Crime" means a single criminal act or transaction out of which one or more criminal charges might arise; determinative
criterion governing statute is whether changes arise out of same act or transaction. 6 CA 505-511. Cited. 8 CA 273, 284.
Cited. 9 CA 631, 639; judgment reversed, see 205 C. 352. Cited. Id., 686, 724. Cited. 23 CA 559, 560. Defendant charged
with more than one single criminal act or transaction is ineligible for accelerated rehabilitation. 25 CA 235, 236, 238-241.
Cited. 27 CA 635, 637. Section is mandatory in nature; failure to complete satisfactorily the period of pretrial probation
requires that case be returned to docket for trial. 45 CA 722.
Mere arrest of defendant, without more, is an insufficient ground for revoking his eligibility for dismissal of charges
pursuant to accelerated rehabilitation program. 37 CS 853, 856, 857. Cited. Id., 864, 865. Denial of application for accelerated rehabilitation not a final judgment from which right of appeal lies. 38 CS 552, 553. Cited. Id., 689, 691-693. Cited.
41 CS 454, 455.
Sec. 54-56f. (Formerly Sec. 54-5). Requirements of sureties of the peace. Any
judge of the Superior Court may, from his personal knowledge or upon complaint of
another, require sureties of the peace and good behavior from any person who threatens
to beat or kill another or resists or abuses any officer in the execution of his office or
contends with angry words or, by any unlawful act, terrifies or disturbs any person.
When any person complains on oath to a judge of the Superior Court that he has just
cause to fear that another will imprison, beat or kill the complainant, or procure others
to do so, and that he is under fear of bodily harm, such judge may, if he believes such
person has just cause for such fear, require sureties of the peace and good behavior from
the person so complained of. Upon refusal of the person so required to find sureties of
the peace in any of such cases, such judge may commit him to a community correctional
center to remain until he is discharged by due course of law or until the next term of the
superior court having criminal jurisdiction in such judicial district, which may make
further order relating to the subject matter of any such offense; but, in all cases in which
any person so complains on oath, such judge shall require of him a sufficient bond to
prosecute his complaint to effect; and, if the person complained of is discharged by such
judge for want of probable cause, the complainant shall pay all the expenses of such
prosecution and such judge shall tax the same against the complainant and issue execution against him therefor, and the same when collected shall be paid into the hands of
such judge, to be by him paid to those to whom the same may be due.
(1949 Rev., S. 8729; 1959, P.A. 28, S. 205; 1963, P.A. 642, S. 59; 1967, P.A. 656, S. 59; P.A. 73-116, S. 15; 73-667,
S. 1, 2; P.A. 74-183, S. 129, 291; P.A. 76-436, S. 520, 681; P.A. 78-280, S. 1, 127.)
History: 1959 act substituted circuit court judge for trial justice and deleted provision for person who abuses justice of
the peace; 1963 act deleted specification commitment be to jail "in county"; 1967 act changed court "session" to court
"term"; P.A. 73-116 replaced "jail" with "community correctional center" and added reference to judicial districts; P.A.
73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 74-183 replaced circuit court
with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436
replaced court of common pleas with superior court, reflecting transfer of all trial jurisdiction to superior court, effective
July 1, 1978; P.A. 78-280 deleted reference to counties; Sec. 54-5 transferred to Sec. 54-56f in 1981.
Annotations to former section 54-5:
Bond void in part is void in toto. 7 C. 239. Justice authorized to take recognizance for good behavior and also to appear
before higher court. 15 C. 149. Accused may be brought before and tried by another justice than the one issuing warrant.
59 C. 386. Cited. 60 C. 431.
Sec. 54-56g. Pretrial alcohol education system. (a) There shall be a pretrial alcohol education system for persons charged with a violation of section 14-227a, 14-227g,
15-133, 15-140l or 15-140n. Upon application by any such person for participation
in such system and payment to the court of an application fee of fifty dollars and a
nonrefundable evaluation fee of one hundred dollars, the court shall, but only as to the
public, order the court file sealed, provided such person states under oath, in open court
or before any person designated by the clerk and duly authorized to administer oaths,
under penalties of perjury that: (1) If such person is charged with a violation of section
14-227a, such person has not had such system invoked in such person's behalf within
the preceding ten years for a violation of section 14-227a, (2) if such person is charged
with a violation of section 14-227g, such person has never had such system invoked in
such person's behalf for a violation of section 14-227a or 14-227g, (3) such person has
not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection
(a) of section 14-227a before or after October 1, 1981, or a violation of subdivision (1)
or (2) of subsection (a) of section 14-227a on or after October 1, 1985, and (4) such
person has not been convicted in any other state at any time of an offense the essential
elements of which are substantially the same as section 53a-56b or 53a-60d or subdivision (1) or (2) of subsection (a) of section 14-227a. Unless good cause is shown, a person
shall be ineligible for participation in such pretrial alcohol education system if such
person's alleged violation of section 14-227a or 14-227g caused the serious physical
injury, as defined in section 53a-3, of another person. The application fee imposed by
this subsection shall be credited to the Criminal Injuries Compensation Fund established
by section 54-215.
(b) 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,
in its discretion, grant such application. If the court grants such application, it shall refer
such person to the Court Support Services Division for assessment and confirmation of
the eligibility of the applicant and to the Department of Mental Health and Addiction
Services for evaluation. The Court Support Services Division, in making its assessment
and confirmation, may rely on the representations made by the applicant under oath in
open court with respect to convictions in other states of offenses specified in subsection
(a) of this section. Upon confirmation of eligibility and receipt of the evaluation report,
the defendant shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in an appropriate alcohol
intervention program for one year, or be placed in a state-licensed substance abuse
treatment program. Any person who enters the system shall agree: (1) To the tolling of
the statute of limitations with respect to such crime, (2) to a waiver of such person's
right to a speedy trial, (3) to complete ten or fifteen counseling sessions in an alcohol
intervention program or successfully complete a substance abuse treatment program of
not less than twelve sessions pursuant to this section dependent upon the evaluation
report and the court order, (4) upon completion of participation in the alcohol intervention program, to accept placement in a treatment program upon recommendation of a
provider under contract with the Department of Mental Health and Addiction Services
pursuant to subsection (d) of this section or placement in a state-licensed treatment
program which meets standards established by the Department of Mental Health and
Addiction Services, if the Court Support Services Division deems it appropriate, and
(5) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator's license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in such program,
provided such person shall have the option of not commencing the participation in such
program until the period of such suspension is completed. If the Court Support Services
Division informs the court that the defendant is ineligible for the system and the court
makes a determination of ineligibility or if the program provider certifies to the court
that the defendant did not successfully complete the assigned program or is no longer
amenable to treatment, the court shall order the court file to be unsealed, enter a plea
of not guilty for such defendant and immediately place the case on the trial list. If such
defendant satisfactorily completes the assigned program, such defendant may apply for
dismissal of the charges against such defendant and the court, on reviewing the record
of the defendant's participation in such program submitted by the Court Support Services
Division and on finding such satisfactory completion, shall dismiss the charges. If the
defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the
defendant's participation in such program submitted by the Court Support Services
Division, may on its own motion make a finding of such satisfactory completion and
dismiss the charges. Upon motion of the defendant and a showing of good cause, the
court may extend the one-year placement period for a reasonable period for the defendant
to complete the assigned program. A record of participation in such program shall be
retained by the Court Support Services Division for a period of seven years from the date
of application. The Court Support Services Division shall transmit to the Department of
Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a
period of seven years the record of a person's participation in such program as part of
such person's driving record. The Court Support Services Division shall transmit to the
Department of Environmental Protection the record of participation of any person who
satisfactorily completes such program who has been charged with a violation of the
provisions of section 15-133, 15-140l or 15-140n. The Department of Environmental
Protection shall maintain for a period of seven years the record of a person's participation
in such program as a part of such person's boater certification record.
(c) At the time the court grants the application for participation in the alcohol intervention program, such person shall also pay to the court a nonrefundable program fee
of three hundred twenty-five dollars if such person is ordered to participate in the ten-session program and a nonrefundable program fee of five hundred dollars if such person
is ordered to participate in the fifteen-session program. If the court grants participation
in a treatment program, such person shall be responsible for the costs associated with
participation in such program. No person may be excluded from either program for
inability to pay such fee or cost, provided (1) such person files with the court an affidavit
of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by
the Court Support Services Division, and (3) the court enters a finding thereof. If the
court finds that a person is indigent or unable to pay for a treatment program, the costs
of such program shall be paid for from the pretrial account established under section
54-56k. If the court denies the application, such person shall not be required to pay the
program fee. If the court grants the application, and such person is later determined to
be ineligible for participation in such pretrial alcohol education system or fails to complete the assigned program, the program fee shall not be refunded. All such evaluation
and program fees shall be credited to the pretrial account established under section
54-56k.
(d) The Department of Mental Health and Addiction Services shall contract with
service providers, develop standards and oversee appropriate alcohol programs to meet
the requirements of this section. Said department shall adopt regulations in accordance
with chapter 54 to establish standards for such alcohol programs. Any person ordered
to participate in a treatment program shall do so at a state-licensed treatment program
which meets the standards established by said department. Any defendant whose employment or residence makes it unreasonable to attend an alcohol intervention program
or a treatment program in this state may attend a program in another state which has
standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application, evaluation and program fees, as
appropriate, as provided in this section.
(e) The court may, as a condition of granting such application, require that such
person participate in a victim impact panel program approved by the Court Support
Services Division of the Judicial Department. Such victim impact panel program shall
provide a nonconfrontational forum for the victims of alcohol-related or drug-related
offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted
by a nonprofit organization that advocates on behalf of victims of accidents caused by
persons who operated a motor vehicle while under the influence of intoxicating liquor
or any drug, or both. Such organization may assess a participation fee of not more than
twenty-five dollars on any person required by the court to participate in such program.
(f) The provisions of this section shall not be applicable in the case of any person
charged with a violation of section 14-227a while operating a commercial motor vehicle,
as defined in section 14-1.
(P.A. 81-446, S. 1; P.A. 82-408, S. 1; 82-472, S. 166, 183; P.A. 83-508, S. 1, 5; 83-571, S. 1; P.A. 85-350, S. 3; 85-417; 85-529, S. 1, 4; 85-596, S. 3; P.A. 86-403, S. 91, 132; P.A. 89-110, S. 1-3; 89-219, S. 8, 10; 89-314, S. 4, 5; P.A. 91-24, S. 7; 91-243; May Sp. Sess. P.A. 92-6, S. 81, 117; P.A. 93-381, S. 9, 39; P.A. 94-135, S. 8; P.A. 95-257, S. 5, 58; P.A.
96-180, S. 129, 166; P.A. 97-309, S. 14, 23; 97-322, S. 7, 9; June 18 Sp. Sess. P.A. 97-8, S. 32, 88; P.A. 98-81, S. 11; P.A.
99-255, S. 3; P.A. 01-201, S. 2, 3; June Sp. Sess. P.A. 01-8, S. 9, 13; P.A. 02-132, S. 35; May 9 Sp. Sess. P.A. 02-1, S.
117; P.A. 03-244, S. 11, 13; June 30 Sp. Sess. P.A. 03-6, S. 177; P.A. 04-217, S. 19; 04-250, S. 2.)
History: P.A. 82-408 added "before or after October 1, 1982" after "14-227a" in Subsec. (a), in Subsec. (b) changed
"grants" to "may, in its discretion, grant" and eliminated provision that license suspension shall be ineffective during period
of participation in program and reversed upon satisfactory completion of program, in Subsec. (d) changed "office of adult
probation" to "Connecticut alcohol and drug abuse commission" and "Connecticut alcohol and drug abuse commission"
to "service providers" and in Subsec. (e) after "fund" added "from which all moneys except administrative costs, shall be
transferred to the Connecticut alcohol and drug abuse commission"; P.A. 82-472 changed date applicable to violations of
Sec. 14-227a from October 1, 1982, to October 1, 1981; P.A. 83-508 repealed provision establishing alcohol education
and treatment revolving fund from which moneys shall be transferred to Connecticut alcohol and drug abuse commission
for education and treatment programs and provided that two hundred dollar fee shall be credited to the general fund instead
of being deposited in revolving fund and that any balance in the revolving fund on July 1, 1983, shall be transferred to the
general fund; P.A. 83-571 amended Subsec. (b) to provide that a person who enters the system agrees to accept more
intensive treatment or other forms of education or treatment or to participate in additional meetings or counseling sessions
if the office of adult probation deems it appropriate, to provide that the case of a defendant "no longer amenable to treatment
under such program" shall be placed on the trial list, and to replace the provision that a defendant's "case shall be brought
to trial" with provision that the court shall "enter a plea of not guilty for such defendant and immediately place the case
on the trial list", to require the office of adult probation to transmit to the department of motor vehicles a record of
participation for each person who satisfactorily completes such program and to require the department of motor vehicles
to maintain for seven years a record of a person's participation in the program, and amended Subsec. (c) to increase the
fee for participation from $200 to $250; P.A. 85-350 amended Subsec. (a) to provide that unless good cause is shown a
person is ineligible for the program if his violation caused the serious physical injury of another person, and amended
Subsec. (b) to provide that if the defendant does not apply for dismissal of the charges against him after satisfactory
completion of the program the court may on its own motion make a finding of satisfactory completion and dismiss the
charges; P.A. 85-417 replaced references to office of adult probation with references to bail commission; P.A. 85-529
amended Subsec. (a) to establish an application fee of fifteen dollars and provide that said fee be credited to the criminal
injuries compensation fund; P.A. 85-596 amended Subsec. (a) to exclude persons convicted of a violation of "subsection
(a)" of section 14-227a before or after October 1, 1981, or "a violation of subdivision (1) or (2) of subsection (a) of section
14-227a on or after October 1, 1985"; P.A. 86-403 made technical change in Subsec. (b); P.A. 89-110 amended Subsec.
(a) to exclude persons convicted of a violation of Sec. 53a-56b or 53a-60d or convicted in any other state at any time of
an offense the essential elements of which are substantially the same as Sec. 53a-56b or 53a-60d or Subdiv. (1) or (2) of
Subsec. (a) of Sec. 14-227a, amended Subsec. (b) to authorize the bail commission to rely on the representations made by
the applicant re convictions in other states, and amended Subsec. (d) to authorize a defendant to attend an alcohol education
and treatment program in another state under certain conditions; P.A. 89-219 amended Subsec. (a) to raise the application
fee from fifteen to fifty dollars; P.A. 89-314 amended Subsec. (b) to add proviso that a person whose license has been
suspended pursuant to Sec. 14-227b shall have the option of not commencing participation in the program until the period
of such suspension is completed; P.A. 91-24 amended Subsec. (a) to add provision permitting the person to make a sworn
statement "before any person designated by the clerk and duly authorized to administer oaths"; P.A. 91-243 amended
Subsec. (b) to make technical language changes to clarify the role of the Connecticut alcohol and drug abuse commission
in the pretrial alcohol education system and repealed obsolete Subsec. (e) re transfer of moneys in alcohol education and
treatment fund to general fund; May Sp. Sess. P.A. 92-6 amended Subsec. (c) to raise fee from two hundred fifty to three
hundred fifty dollars; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission and executive director with
department and commissioner of public health and addiction services, respectively, effective July 1, 1993; P.A. 94-135
amended Subsec. (b) to provide referral to bail commissioner for assessment and confirmation of eligibility for program,
and amended Subsec. (c) to require payment of nonrefundable program fee at time court grants application and to specify
that payment of such fee is not required if court denies application, but that fee is not refundable if ineligibility is determined
at a later time or applicant does not complete the program; P.A. 95-257 replaced Commissioner and Department of Public
Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective
July 1, 1995; P.A. 96-180 made technical change in Subsec. (d), substituting "department" for "commission", effective
June 3, 1996; P.A. 97-309 and June 18 Sp. Sess. P.A. 97-8 both changed eight meetings or counseling sessions to ten
counseling sessions in Subsec. (b) and in Subsec. (c) increased the program fee from three hundred fifty to four hundred
twenty-five dollars, effective July 1, 1997; P.A. 97-322 revised effective date of P.A. 97-309 but without affecting this
section; P.A. 98-81 amended Subsecs. (a) and (b) by changing "information or complaint" to "court file"; P.A. 99-255
amended Subsec. (b) to require a person who enters the system to agree to participate in at least fifteen counseling sessions
if such person was charged with a violation of Sec. 14-227a(a)(2) and had a blood alcohol ratio of sixteen-hundredths of
one per cent or more of alcohol, by weight, amended Subsec. (c) to establish a program fee of six hundred dollars if the
person was charged with a violation of Sec. 14-227a(a)(2) and had a blood alcohol ratio of sixteen-hundredths of one per
cent or more of alcohol, by weight, and made technical changes for purposes of gender neutrality (Revisor's note: In
Subsec. (b) a reference to "sixteen-hundredths of one per cent of more of alcohol" was changed editorially by the Revisors
to "sixteen-hundredths of one per cent or more of alcohol" for consistency with language in Subsec. (c)); P.A. 01-201
amended Subsec. (b) to add Subdiv. (5) requiring a person who enters the system to agree to participate in at least one
victim impact panel if ordered by the court and added Subsec. (e) to authorize the court to require participation in a victim
impact panel program as a condition of granting the application, specify the nature of the program and the organization
that will conduct the program and authorize the organization to assess a participation fee; June Sp. Sess. P.A. 01-8 amended
Subsec. (c) by changing "General Fund" to "pretrial account", effective July 1, 2001; P.A. 02-132 replaced "Bail Commission" with "Court Support Services Division" in Subsecs. (b) and (c); May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to
require a pretrial alcohol education system for persons charged with a violation of Sec. 14-227g and a nonrefundable
evaluation fee of one hundred dollars, to require the court to order the court file sealed provided there is a statement under
oath that, if such person is charged with a violation of Sec. 14-227a, such person has not had such system invoked in his
or her behalf within the preceding ten years for a violation of said section, and, if such person is charged with a violation
of Sec. 14-227g, such person has never had such system invoked in his or her behalf for a violation of Sec. 14-227a or 14-227g, and to make technical changes, amended Subsec. (b) to require the court to refer applicants to the Department of
Mental Health and Addiction Services for evaluation, to require any person who enters the system to agree to complete
ten or fifteen counseling sessions in an alcohol intervention program dependent upon the evaluation report and the court
order and to make technical changes, amended Subsec. (c) to require payment to the court of a nonrefundable program fee
of three hundred twenty-five dollars if such person is ordered to participate in the ten-session program and a nonrefundable
program fee of five hundred dollars if such person is ordered to participate in the fifteen-session program and to make
technical changes, and amended Subsec. (d) to add provision re payment of the evaluation fee, effective July 1, 2002; P.A.
03-244 amended Subsec. (a) to include reference to Secs. 15-133, 15-140l and 15-140n and amended Subsec. (b) to provide
for transmittal of the record of participation to the Department of Environmental Protection for persons who violated Sec.
15-133, 15-140l or 15-140n; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to restore existing statutory language
inadvertently omitted in the drafting of public act 03-244; P.A. 04-217 added Subsec. (f) providing section not applicable
where person charged with violation of Sec. 14-227a while operating commercial motor vehicle, effective January 1, 2005;
P.A. 04-250 amended Subsec. (a) to make technical changes, amended Subsec. (b) to authorize the placement of the
defendant in a state-licensed substance abuse treatment program, add as an alternative in Subdiv. (3) successful completion
of a substance abuse treatment program of not less than twelve sessions, add in Subdiv. (4) that the person agrees to accept
placement in a treatment program "upon completion of participation in the alcohol intervention program" and replace in
Subdiv. (4) "placement in a treatment program which has standards substantially similar to, or higher than, a program of
a provider under contract with the Department of Mental Health and Addiction Services" with "placement in a state-licensed
treatment program which meets standards established by" said department, amended Subsec. (c) to replace "application for
participation in the pretrial alcohol education system" with "application for participation in the alcohol intervention program", add provision that if the court grants participation in a treatment program the person is responsible for the costs
associated with participation in such program, add provision that if the court finds a person is indigent or unable to pay
for a treatment program the costs of such program shall be paid from the pretrial account established under Sec. 54-56k
and make technical changes and amended Subsec. (d) to require any person ordered to participate in a treatment program
to do so at a state-licensed treatment program which meets the standards established by said department and replace "an
alcohol program" with "an alcohol intervention program or a treatment program".
"... The trial court might reasonably have determined that the defendant lost her eligibility to continue in the system of
alcohol education when, shortly after she had been admitted, she again operated her vehicle while intoxicated." 200 C.
102, 104, 105, 107. Pretrial alcohol education program cited. Id., 615, 616, 617.
Cited. 39 CA 11, 16-18. Cited. 45 CA 722.
Cited as P.A. 81-446, S. 1. 37 CS 767, 783, 784. Cited. 38 CS 675, 676; Id., 689, 691.
Subsec. (a):
Cited. 200 C. 102, 107.
Subsec. (b):
Cited. 200 C. 102, 106, 107. Cited. Id., 615, 626.
Cited. 39 CA 11, 17.
Sec. 54-56h. Court to consider charitable contributions of defendant in disposition of criminal or motor vehicle case. (a) The court may, in the disposition of any
criminal or motor vehicle case, including a dismissal or the imposition of a sentence,
consider the fact that the defendant has made a monetary contribution to the Criminal
Injuries Compensation Fund established under section 54-215 or a contribution of community service work hours to a private nonprofit charity or other nonprofit organization.
(b) In entering a nolle prosequi, the state's attorney, assistant state's attorney or
deputy assistant state's attorney in charge of the case may consider the fact that the
defendant has made a monetary contribution to the Criminal Injuries Compensation
Fund established under section 54-215 or a contribution of community service work
hours to a private nonprofit charity or other nonprofit organization.
(P.A. 91-85; P.A. 97-257, S. 7, 13.)
History: P.A. 97-257 added references to contributions to "Criminal Injuries Compensation Fund established under
section 54-215", effective July 1, 1997.
Sec. 54-56i. Pretrial drug education program. (a) Not later than January 1, 1998,
but in no event sooner than the establishment of the pilot research drug education program under section 17a-715, the Department of Mental Health and Addiction Services
shall establish a pretrial drug education program for persons charged with a violation
of section 21a-267 or 21a-279.
(b) Upon application by any such person for participation in such program, the court
shall, but only as to the public, order the court file sealed provided such person states
under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury, that such person has never had such
program invoked in such person's behalf. A person shall be ineligible for participation
in such pretrial drug education program if such person has previously participated in
the drug education program established under this section or the pretrial community
service labor program established under section 53a-39c.
(c) 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,
in its discretion, grant such application. If the court grants such application, it shall refer
such person to the Court Support Services Division for confirmation of the eligibility
of the applicant.
(d) Upon confirmation of eligibility, such person shall be referred to the Department
of Mental Health and Addiction Services by the Court Support Services Division for
placement in the drug education program. Any person who enters the program shall
agree: (1) To the tolling of the statute of limitations with respect to such crime; (2) to
a waiver of such person's right to a speedy trial; (3) to any conditions that may be
established by the department concerning participation in the drug education program
including conditions concerning participation in meetings or sessions of the program;
and (4) to accept placement in a treatment program upon the recommendation of a
provider under contract with the Department of Mental Health and Addiction Services
or placement in a treatment program that has standards substantially similar to, or higher
than, a program of a provider under contract with the Department of Mental Health and
Addiction Services if the Court Support Services Division deems it appropriate. The
department shall require, as a condition of the assigned program, that such person participate in, and successfully complete, a community service labor program established
under section 53a-39c for a period of four days.
(e) If the Court Support Services Division informs the court that such person is
ineligible for the program and the court makes a determination of ineligibility or if the
program provider certifies to the court that such person did not successfully complete
the assigned 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.
(f) If such person satisfactorily completes the assigned program, such person may
apply for dismissal of the charges against such person and the court, on reviewing the
record of such person's participation in such program submitted by the Court Support
Services Division and on finding such satisfactory completion, shall dismiss the charges.
If such person does not apply for dismissal of the charges against such person after
satisfactorily completing the assigned program, the court, upon receipt of the record of
such person's participation in such program submitted by the Court Support Services
Division, may on its own motion make a finding of such satisfactory completion and
dismiss the charges. Upon motion of such person and a showing of good cause, the court
may extend the placement period for a reasonable period for such person to complete
the assigned program. A record of participation in such program shall be retained by the
Court Support Services Division for a period of seven years from the date of application.
(g) At the time the court grants the application for participation in the pretrial drug
education program, such person shall pay to the court a nonrefundable program fee of
three hundred fifty dollars, except that no person may be excluded from such program
for inability to pay such fee, provided (1) such person files with the court an affidavit
of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by
the Court Support Services Division, and (3) the court enters a finding thereof. The court
may waive all or any portion of such fee depending on such person's ability to pay. If
the court denies the application, such person shall not be required to pay the program
fee. If the court grants the application, and such person is later determined to be ineligible
for participation in such pretrial drug education program or fails to complete the assigned
program, the three-hundred-fifty-dollar program fee shall not be refunded. All such
program fees shall be credited to the pretrial account.
(h) The Department of Mental Health and Addiction Services shall develop standards and oversee appropriate drug education programs to meet the requirements of
this section and may contract with service providers to provide such programs. The
department shall adopt regulations, in accordance with chapter 54, to establish standards
for such drug education programs.
(i) Any person whose employment or residence or schooling makes it unreasonable
to attend a drug program in this state may attend a program in another state that has
standards similar to, or higher than, those of this state, subject to the approval of the
court and payment of the program fee as provided in this section.
(P.A. 97-248, S. 7, 12; June 18 Sp. Sess. P.A. 97-8, S. 76, 88; P.A. 99-148, S. 1, 4; 99-215, S. 21, 29; June Sp. Sess.
P.A. 01-8, S. 10, 13; P.A. 02-132, S. 36.)
History: P.A. 97-248 effective July 1, 1997; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to change the deadline
for establishing the program from October 1, 1997 to January 1, 1998, effective July 1, 1997; P.A. 99-148 amended Subsec.
(a) to make program available to any person charged with a violation of Sec. 21a-279 rather than a violation of only
"subsection (c)" of said section, amended Subsec. (d) to add new Subdiv. (4) requiring the person to accept placement in
a treatment program, amended Subsec. (g) to reduce the program fee from six hundred to three hundred fifty dollars, added
new Subsec. (i) to authorize a person to attend a drug program in another state under certain circumstances, and made
technical changes for purposes of gender neutrality, effective July 1, 1999; P.A. 99-215 amended Subsec. (b) by deleting
"such information or complaint to be filed as a sealed information or complaint" and substituting "the court file sealed"
and amended Subsec. (e) by deleting "information or complaint" and substituting "court file", effective June 29, 1999;
June Sp. Sess. P.A. 01-8 amended Subsec. (g) by changing "General Fund" to "pretrial account", effective July 1, 2001;
P.A. 02-132 replaced "Bail Commission" with "Court Support Services Division" in Subsecs. (c) to (g) and made technical
changes in Subsec. (h).
Sec. 54-56j. Pretrial school violence prevention program. (a) There shall be a
school violence prevention program for students of a public or private secondary school
charged with an offense involving the use or threatened use of physical violence in or
on the real property comprising a public or private elementary or secondary school or
at a school-sponsored activity as defined in subsection (h) of section 10-233a. Upon
application by any such person for participation in such program, the court shall, but
only as to the public, order the court file sealed, provided such person states under
oath, in open court or before any person designated by the clerk and duly authorized to
administer oaths, under penalties of perjury that such person has never had such system
invoked in such person's behalf and that such person has not been convicted of an offense
involving the threatened use of physical violence in or on the real property comprising
a public or private elementary or secondary school or at a school-sponsored activity as
defined in subsection (h) of section 10-233a, and that such person has not been convicted
in any other state at any time of an offense the essential elements of which are substantially the same as such an offense.
(b) 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,
in its discretion, grant such application. If the court grants such application, it shall refer
such person to the Bail Commission for assessment and confirmation of the eligibility
of the applicant. The Bail Commission, in making its assessment and confirmation, may
rely on the representations made by the applicant under oath in open court with respect
to convictions in other states of offenses specified in subsection (a) of this section. As
a condition of eligibility for participation in such program, the student and the parents
or guardian of such student shall certify under penalty of false statement that, to the best
of such person's knowledge and belief, such person does not possess any firearms,
dangerous weapons, controlled substances or other property or materials the possession
of which is prohibited by law or in violation of the law. Upon confirmation of eligibility,
the defendant shall be referred to the Office of Alternative Sanctions for evaluation and
placement in an appropriate school violence prevention program for one year.
(c) Any person who enters the program shall agree: (1) To the tolling of the statute
of limitations with respect to such crime, (2) to a waiver of the right to a speedy trial,
(3) to participate in a school violence prevention program offered by a provider under
contract with the Office of Alternative Sanctions pursuant to subsection (g) of this section, and (4) to successfully complete the assigned program. If the Bail Commission
informs the court that the defendant is ineligible for the program and the court makes
a determination of ineligibility or if the program provider certifies to the court that the
defendant did not successfully complete the assigned program, the court shall order the
court file to be unsealed, enter a plea of not guilty for such defendant and immediately
place the case on the trial list.
(d) The Office of Alternative Sanctions shall monitor the defendant's participation
in the assigned program and the defendant's compliance with the orders of the court
including, but not limited to, maintaining contact with the student and officials of the
student's school.
(e) If such defendant satisfactorily completes the assigned program and one year
has elapsed since the defendant was placed in the program, such defendant may apply
for dismissal of the charges against such defendant and the court, on reviewing the
record of such defendant's participation in such program submitted by the Office of
Alternative Sanctions and on finding such satisfactory completion, shall dismiss the
charges. If the defendant does not apply for dismissal of the charges against the defendant
after satisfactorily completing the assigned program and one year has elapsed since
the defendant was placed in the program, the court, upon receipt of the record of the
defendant's participation in such program submitted by the Office of Alternative Sanctions, may on its own motion make a finding of such satisfactory completion and dismiss
the charges.
(f) The cost of participation in such program shall be paid by the parent or guardian
of such student, except that no student shall be excluded from such program for inability
to pay such cost provided (1) the parent or guardian of such student files with the court
an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
(g) The Office of Alternative Sanctions shall contract with service providers, develop standards and oversee appropriate school violence prevention programs to meet
the requirements of this section.
(h) The school violence prevention program shall consist of at least eight group
counseling sessions in anger management and nonviolent conflict resolution.
(P.A. 99-259, S. 2, 3.)
History: P.A. 99-259 effective January 1, 2000.
See Sec.46b-133e re school violence prevention program for children under sixteen years of age.
Sec. 54-56k. Pretrial account. (a) There is established an account to be known as
the pretrial account. The account shall contain any moneys required by law to be deposited in the account and shall be a separate, nonlapsing account of the General Fund.
Investment earnings credited to the account shall become part of the assets of the account.
Any balance remaining in said account at the end of any fiscal year shall be carried
forward in the account for the next fiscal year.
(b) There shall be deposited in the pretrial account all program fees collected pursuant to subsection (c) of section 54-56g and subsection (g) of section 54-56i and funds
appropriated in subsection (a) of section 47 of special act 01-1 of the June special session.
(c) Amounts in the pretrial account shall be available to fund the cost of operating
the pretrial alcohol and drug education programs established under sections 54-56g and
54-56i.
(June Sp. Sess. P.A. 01-8, S. 8, 13.)
History: June Sp. Sess. P.A. 01-8 effective July 1, 2001.
Sec. 54-56l. Reserved for future use.
Sec. 54-56m. Mediation programs. (a) There shall be established, in the geographical area of the Superior Court for the towns of Berlin, New Britain, Newington,
Rocky Hill and Wethersfield, the geographical area of the Superior Court for the towns
of Bethlehem, Middlebury, Naugatuck, Prospect, Southbury, Watertown, Wolcott,
Woodbury and Waterbury, and such other geographical areas of the Superior Court as
the Chief Court Administrator may designate, programs of mediation wherein the court
may refer a criminal prosecution to mediation for resolution. For the purposes of this
section, "mediation" means the process where two or more persons to a dispute agree
to meet with an impartial third party to work toward a resolution of the dispute which
is satisfactory to all parties in accordance with principles of mediation commonly used
in labor management disputes.
(b) If mediation is successful, the prosecuting authority, upon recommendation of
the family relations counselor or mediation officer, shall enter a nolle prosequi and the
prosecution shall be terminated and the defendant released from custody.
(c) If mediation is unsuccessful or the defendant fails to comply with the terms of
any mediation agreement, the family relations counselor or mediation officer shall notify
the prosecuting authority and prosecution of the defendant may be initiated.
(d) There shall be established, in the two geographical areas of the Superior Court
enumerated in subsection (a) of this section and in such other geographical areas of
the Superior Court as the Chief Court Administrator may designate, units to provide
mediation services in cases referred by the court to mediation. In addition, mediation
services in cases referred by the court to mediation may also be provided by private
agencies under contract with the Judicial Department.
(P.A. 82-383, S. 1; P.A. 85-344; P.A. 95-225, S. 48, 52; P.A. 02-132, S. 37.)
History: P.A. 85-344 made mediation programs permanent rather than "pilot" programs and authorized instituting
programs in geographical areas beyond those initially involved in pilot programs; P.A. 95-225 amended Subsec. (d) to
add provision authorizing mediation services to also be provided by private agencies under contract with the Judicial
Department, effective June 28, 1995; P.A. 02-132 made technical changes in Subsec. (a), changed family relations officer
to family relations counselor in Subsecs. (b) and (c) and deleted reference to the Family Division of the Superior Court,
added provision re other geological areas designated by the Chief Court Administrator and made technical changes in
Subsec. (d).
Sec. 54-57. Joinder of offenses of the same character. Whenever two or more
cases are pending at the same time against the same party in the same court for offenses
of the same character, counts for such offenses may be joined in one information unless
the court orders otherwise.
(1949 Rev., S. 8770.)
Court may compel state to elect between counts; 75 C. 201; 81 C. 1; or direct jury to find separately on each count. 34
C. 299. Effect of general verdict. 34 C. 299; 70 C. 73. Where same offense is charged in different counts. 74 C. 525. Where
one count only is good. 66 C. 255. Right of accused to call for separate verdicts. 83 C. 298. Relation of counts to each
other. 96 C. 427. One count charging two accused as principals may properly be joined with a second count charging one
as principal and the other as accessory. 98 C. 460. Refusal to compel state to elect between counts held proper. Id., 461.
Cited. 126 C. 84. Whether there shall be separate trials on different counts joined in indictment or information lies within
trial court's discretion. 134 C. 109. Whenever two or more cases are pending at the same time against the same party in
the same court for offenses of the same character, counts for such offenses may be joined in one information. 169 C. 566,
570. Whether joinder of indictments and informations is controlled by statute or Sec. 829 of the 1978 Practice Book
discussed. Since rule regulates court procedure and does not infringe on any substantive right, rule controlled and court
did not abuse its discretion by ordering joinder of two informations not of the same character. 187 C. 292 et seq. Cited.
204 C. 714, 720, 721. Cited. 205 C. 61, 67. Cited. 209 C. 458, 462. Cited. 210 C. 78, 94. Cited. 215 C. 538, 546. Cited.
216 C. 647, 649, 657. Cited. 234 C. 324, 343. Cited. 235 C. 748, 762. Cited. 236 C. 112, 132. Joinder of manslaughter
count and risk of injury to minor count permissible when factors weighed. 243 C. 523.
Cited. 10 CA 503, 506. Cited. Id., 624, 629. Cited. Id., 709, 712. Cited. 14 CA 526, 530. Cited. Id., 710, 720. Cited.
15 CA 161, 167. Cited. 18 CA 406, 410. Cited. Id., 482, 485. Cited. 19 CA 48, 61. Cited. 24 CA 502, 504. Cited. Cited.
28 CA 645, 651. Cited. 33 CA 133, 137. 25 CA 181, 193. Cited. Id., 503, 514. Cited. 28 CA 645, 651. Cited. 33 CA 133,
137. Cited. 35 CA 781, 790. Cited. 36 CA 805, 809. Cited. 37 CA 437, 446. Cited. 41 CA 584, 587. Cited. 42 CA 382.
Cited. 43 CA 527. Cited. Id., 680. Cited. 45 CA 207. Joinder permitted where defendant holding knife injured victim while
attacking her because physical harm not brutal or shocking. 59 CA 529. Consolidation of three informations for trial
ameliorated by court's explicit instruction to jury that offenses should be considered separately. Id. Trial court is authorized
by statute and rule to order a joint trial of charges against the same defendant. 70 CA 462.
Where defendants were put to plea on a single information charging similar offenses concerning different complainants,
court did not abuse its discretion in making such joinder. 2 Conn. Cir. Ct. 514. Cited. 2 Conn. Id., 585.
Sec. 54-58. Description of money in complaint or information. When it is necessary to describe any bill issued by the United States or by any national banking association or to describe any United States coin issued as money, it shall be a sufficient description to set forth in the complaint or information that the same is lawful money of the
United States, and the value thereof, which value need not be proved as alleged.
(1949 Rev., S. 8771.)
Sec. 54-59. Statement of ownership, partnership or joint tenancy in indictment, information or complaint. When in any indictment, information or complaint
it is necessary to state the ownership of any property owned or possessed by more persons
than one, it shall be sufficient to name one of them, and to state such property to belong
to him and another or others, as the case may be; or, if it is necessary to mention for
any purpose any partners, joint tenants, coparceners, tenants in common or trustees of
joint stock companies, not incorporated by the laws of this state, it shall be sufficient
to describe them in like manner.
(1949 Rev., S. 8772.)
Sec. 54-60. Allegations in criminal cases. Whenever any indictment, information
or complaint is pending before any court, a conviction may be had for any offense
sufficiently alleged therein or for an attempt to commit such offense, and the accused
may be convicted or such court may accept a plea of guilty for any of such offenses.
(1949 Rev., S. 8774.)
Cited. 94 C. 706; 147 C. 704. State may designate an accused by an alias; motion to expunge "The Cowboy" as such
an alias from indictment held properly denied. 98 C. 460. A plea of guilty to a specific criminal charge, which is relevant
to the circumstances in a civil action, may be admissible as a verbal admission in such civil action. 147 C. 625.
Section is constitutionally sufficient to put a criminal defendant on notice he can be convicted of attempt to commit
crime charged as well as any included lesser offenses. 39 CA 267, 271, 272.
Court will not allow party to enter a plea of guilty until satisfied that it is freely made and that the party making it
understands its import and effect. If accused did not understand the charge against him, judgment should be opened and
defendant allowed to withdraw plea of guilty. 23 CS 176.
Sec. 54-61. Complaints for offenses specified in special acts, ordinances and
bylaws. In any complaint or other process for an offense against the provisions of a
special act or of an ordinance or bylaw of any town, city or borough, it shall be sufficient
to set forth the offense in the same manner as in the case of an offense against the
provisions of a public act.
(1949 Rev., S. 8786.)
If an offense is created by statute, it is sufficient to set it forth in the words of the statute. 60 C. 106; 88 C. 715. See
note to section 54-46.
Sec. 54-62. Allegation of previous conviction. When, in any criminal complaint
or information, it is necessary to set out a previous conviction for a similar offense, such
previous conviction shall be held to be sufficiently alleged by naming the date when,
the town or city where, the crime for which and the court wherein such conviction
was had.
(1949 Rev., S. 8785.)
Defects may be cured by verdict. 68 C. 512. Former convictions should be set up in information or complaint. Id.; 94
C. 703; 96 C. 172. Information should be in two parts, each signed by the prosecutor, and the offense charged set out in
one part and the prior conviction in another; the plea of accused to entire information should be taken in absence of the
jury, and the trial should proceed on the first part only of the information; if a verdict of guilty is rendered, the trial should
then proceed on the second part of the information. Id., 171. Cited. 147 C. 296. To prove prior conviction it is necessary
to show it by record of valid subsisting final judgment of rendering court. 151 C. 213.
Cited. 45 CA 369.
Cited. 24 CS 362.
Sec. 54-63. Mode of informing against larceny by embezzlement. In any complaint or information for the crime of larceny by embezzlement, when it is unknown
to the informing officer whether the total sum taken and appropriated was taken and
appropriated at one or different times, it shall be sufficient to charge the total sum taken
by the accused as having been taken at one and the same time.
(1949 Rev., S. 8788; P.A. 80-313, S. 57.)
History: P.A. 80-313 applied provisions to complaints or informations for crime of "larceny by" embezzlement, reflecting change in official term for the offense.
Sec. 54-63a. Definitions. As used in sections 54-63a to 54-63g, inclusive, and
section 54-64a, "arrested person" means a person taken into custody for violation of
any law, ordinance, regulation or bylaw of the state or of any town, city, borough, district
or municipal corporation or authority, and "Court Support Services Division" means
the division of the Judicial Department established pursuant to section 51-1d.
(1967, P.A. 549, S. 1; P.A. 02-132, S. 38.)
History: P.A. 02-132 replaced definition of "Bail Commission" with definition of "Court Support Services Division"
and made technical changes.
Sec. 54-63b. Pretrial release of arrested persons. Duties of Court Support Services Division. Uniform weighted release criteria. (a) The duties of the Court Support
Services Division shall include: (1) To promptly interview, prior to arraignment, any
person referred by the police pursuant to section 54-63c or by a judge. Such interview
shall include, but not be limited to, information concerning the accused person, his or
her family, community ties, prior criminal record and physical and mental condition;
(2) to seek independent verification of information obtained during the interview, if
practicable; (3) to determine, as provided in section 54-63d, or to make recommendations on request of any judge, concerning the terms and conditions of the release of
arrested persons from custody pending final disposition of their cases; (4) to prepare a
written report on all persons interviewed and, upon request and pursuant to the procedures established under subsection (f) of section 54-63d, provide copies of the report to
the court, defense counsel and state's attorney. Such report shall contain the information
obtained during the interview and verification process, the person's prior criminal record, where possible, and the determination or recommendation of the commissioner
pursuant to section 54-63d concerning the terms and conditions of the release of the
persons so interviewed; (5) to give prior notice of each required court appearance to
each person released following an interview by a bail commissioner; (6) to supervise
pursuant to the direction of the court those persons released on nonfinancial conditions;
(7) to inform the court and the state's attorney of any failure to comply with terms and
conditions of release, including the arrest of persons released under its supervision; (8)
to monitor, evaluate and provide information concerning terms and conditions of release
and the release criteria established under subdivision (2) of subsection (c) of this section,
to prepare periodic reports on its activities, and to provide such other information as is
needed to assist in the improvement of the pretrial release process; (9) to perform such
other functions as the Chief Court Administrator may, from time to time, assign.
(b) The Court Support Services Division shall establish written uniform weighted
release criteria based upon the premise that the least restrictive condition or conditions
of release necessary to insure the appearance in court of the defendant is the pretrial
release alternative of choice. Such criteria shall be based on, but not be limited to, the
following considerations: (1) The nature and circumstances of the offense insofar as
they are relevant to the risk of nonappearance; (2) the defendant's record of previous
convictions; (3) the defendant's past record of appearance in court after being admitted
to bail; (4) the defendant's family ties; (5) the defendant's employment record; (6) the
defendant's financial resources, character and mental condition; and (7) the defendant's
community ties.
(1967, P.A. 549, S. 2; 1969, P.A. 826, S. 1; P.A. 74-183, S. 141, 291; P.A. 76-436, S. 541, 681; P.A. 78-280, S. 118,
127; P.A. 80-313, S. 58; P.A. 81-437, S. 3, 12; P.A. 99-186, S. 11; P.A. 02-132, S. 39.)
History: 1969 act amended Subsec. (b) to authorize appointment of assistant chief bail commissioners and assistant
bail commissioners and added provision empowering chief judge of circuit court to appoint additional bail commissioners;
P.A. 74-183 revised provisions to reflect transfer of circuit court functions to court of common pleas, adding Subsec. (d)
continuing bail commissioners for the balance of their terms, effective December 31, 1974; P.A. 76-436 amended section
to reflect transfer of all trial jurisdiction to superior court, replacing references to former circuits with references to geographical areas, replacing chief judge of common pleas court with chief court administrator or his designee, etc., effective July
1, 1978; P.A. 78-280 added provision in Subsec. (b) authorizing judges to fill vacancies in bail commissioners' offices;
P.A. 80-313 substituted reference to Sec. 54-63d for reference to Sec. 54-63c in Subsec. (a); P.A. 81-437 replaced previous
provisions concerning the bail commission and chief bail commissioner, expanding duties and placing office of the bail
commission within the judicial department; P.A. 99-186 amended Subsec. (a) to make a technical change in a statutory
reference; P.A. 02-132 amended Subsec. (a) by deleting provision re Office of the Bail Commission within the Judicial
Department, adding provision re duties of the Court Support Services Division and, in Subdiv. (5), replacing "the Bail
Commission" with "a bail commissioner", deleted former Subsecs. (b), (c) and (d) re Chief Bail Commissioner, Assistant
Chief Bail Commissioner and appointment of bail commissioners and other personnel and added new Subsec. (b) re uniform
weighted release criteria.