Substitute House Bill No. 5316
          Substitute House Bill No. 5316

               PUBLIC ACT NO. 98-90


AN  ACT  CONCERNING  VIOLATIONS  OF  CONDITIONS OF
RELEASE AND THE DISCLOSURE OF INFORMATION  BY  THE
OFFICE OF THE BAIL COMMISSION.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
     Section  1.  (NEW)  (a) A person is guilty of
violation of conditions  of  release  when,  while
charged   with   the   commission   of  a  felony,
misdemeanor or motor vehicle violation for which a
sentence to a term of imprisonment may be imposed,
he is  released  pursuant  to  subsection  (b)  of
section 54-63d of the general statutes, as amended
by section 3 of this act,  or  subsection  (c)  of
section  54-64a  of  the  general statutes, on the
condition that he (1) avoid all contact  with  the
alleged  victim  or  (2)  not  use  or  possess  a
dangerous weapon, and  he  intentionally  violates
that condition.
    (b)  Violation  of  conditions of release is a
class A misdemeanor.
    Sec.   2.   Section  53a-40b  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    A person convicted  of  an  offense  committed
while  released pursuant  to  sections  54-63a  to
54-63g, inclusive, AS  AMENDED  BY  THIS  ACT,  or
sections 54-64a to 54-64c, inclusive, OTHER THAN A
VIOLATION  OF  SECTION  1  OF  THIS  ACT,  may  be
sentenced, in addition  to the sentence prescribed
for the offense  to  (1) a term of imprisonment of
not more than  ten  years  if  the  offense  is  a
felony, or (2)  a term of imprisonment of not more
than one year if the offense is a misdemeanor.
    Sec.   3.   Section   54-63d  of  the  general
statutes, as  amended  by  public  act  97-53,  is
repealed  and the following is substituted in lieu
thereof:
    (a)  Upon  notification  by  a  police officer
pursuant to section 54-63c that an arrested person
has  not  posted  bail,  a bail commissioner shall
promptly conduct an interview and investigation as
specified   in   subdivisions   (1)   and  (2)  of
subsection (a) of section 54-63b and,  based  upon
criteria  established  pursuant to subdivision (2)
of subsection (c)  of  section  54-63b,  he  shall
promptly order release of such person on the first
of  the  following  conditions  of  release  found
sufficient  to provide reasonable assurance of his
appearance in court: (1) Upon his execution  of  a
written   promise   to   appear   without  special
conditions; (2) upon his execution  of  a  written
promise  to  appear  with  any of the nonfinancial
conditions as specified in subsection (b) of  this
section;  (3) upon his execution of a bond without
surety in no greater amount  than  necessary;  (4)
upon  his  execution  of  a bond with surety in no
greater amount than necessary. If  the  person  is
unable  to  meet the conditions of release ordered
by the bail commissioner, he shall so  inform  the
court in a report prepared pursuant to subdivision
(4) of subsection (a) of section 54-63b.
    (b)  In addition to or in conjunction with any
of the conditions enumerated in  subdivisions  (1)
to  (4),  inclusive,  of  subsection  (a)  of this
section,  the   bail   commissioner   may   impose
nonfinancial  conditions  of  release,  which  may
require that the arrested person  do  any  of  the
following:  (1)  Remain under the supervision of a
designated person or organization; (2) comply with
specified  restrictions on his travel, association
or place of abode; (3)  not  engage  in  specified
activities,  including  the use or possession of a
dangerous  weapon,  an  intoxicant  or  controlled
substance;  (4)  avoid all contact with an alleged
victim of the crime and with a  potential  witness
who  may  testify  concerning  the offense; or (5)
satisfy any other  condition  that  is  reasonably
necessary  to  assure the appearance of the person
in court. Any  of  the  conditions  imposed  under
subsection (a) of this section and this subsection
by the bail commissioner shall be effective  until
the appearance of such person in court.
    (c)   The  police  department  shall  promptly
comply with the  order  of  release  of  the  bail
commissioner,   except   that  if  the  department
objects to the order or any of its conditions, the
department  shall  promptly  so  advise  a state's
attorney or assistant state's attorney,  the  bail
commissioner  and the arrested person. The state's
attorney  or  assistant   state's   attorney   may
authorize  the police department to delay release,
until a hearing can be had before the  court  then
sitting  for  the geographical area which includes
the municipality in which the arrested  person  is
being  detained  or,  if  the  court  is  not then
sitting, until the next sitting of said court.
    (d)  Except as provided in subsections (e) and
(f) of this section, all information  provided  to
the Office of the Bail Commission shall be for the
sole purpose of determining and  recommending  the
conditions  of  release,  and  shall  otherwise be
confidential and retained  in  the  files  of  the
Office  of the Bail Commission, and not be subject
to subpoena or other court process for use in  any
other proceeding or for any other purpose.
    (e)   The   Chief   Bail   Commissioner  shall
establish written procedures for  the  release  of
information  contained in reports and files of the
Office of the Bail Commission, such procedures  to
be  approved  by  the  executive  committee of the
judges of  the  Superior  Court.  Such  procedures
shall   allow   access   to   (1)   nonidentifying
information by qualified persons for  purposes  of
research related to the administration of criminal
justice;  (2)  all  information  provided  to  the
Office   of   the  Bail  Commission  by  probation
officers for the purposes of compiling presentence
reports;  and  (3) all information provided to the
Office  of  the  Bail  Commission  concerning  any
person convicted of a crime and held in custody by
the Department of Correction.
    (f)  Any  files and reports held by the Office
of the Bail Commission may be disclosed to (1) the
Office  of  Adult  Probation  for  the purposes of
conducting investigations required under  sections
54-76d  and  54-91a  and  of  supervising  persons
placed on probation, (2) THE  FAMILY  DIVISION  OF
THE  SUPERIOR  COURT  FOR THE PURPOSE OF PREPARING
WRITTEN OR ORAL REPORTS REQUIRED UNDER SUBSECTIONS
(c)  AND  (d)  OF SECTION 46b-38c, AS AMENDED, AND
(3) AGENCIES AND ORGANIZATIONS UNDER CONTRACT WITH
THE   OFFICE  OF  ALTERNATIVE  SANCTIONS  FOR  THE
PURPOSE OF MONITORING  ARRESTED  PERSONS  REFERRED
UNDER SUBSECTION (b) OF THIS SECTION OR SUBSECTION
(c) OF SECTION 54-64a.

Approved May 22, 1998