Substitute House Bill No. 5728
          Substitute House Bill No. 5728

              PUBLIC ACT NO. 98-130


AN ACT CONCERNING VIOLATION OF PROBATION.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  53a-32  of  the  general  statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)   At   any   time  during  the  period  of
probation or conditional discharge, the  court  or
any  judge  thereof  may  issue  a warrant for the
arrest of a defendant for violation of any of  the
conditions  of probation or conditional discharge,
or may issue a notice to appear  to  answer  to  a
charge  of  such  violation, which notice shall be
personally served upon  the  defendant.  Any  such
warrant shall authorize all officers named therein
to return the defendant  to  the  custody  of  the
court   or  to  any  suitable  detention  facility
designated  by  the  court.  Whenever   a   sexual
offender,  as  defined  in  section  54-102s,  has
violated  the  conditions  of  his  probation   by
failing  to  notify  his  probation officer of any
change of his residence address,  as  required  by
said  section,  such  probation officer may notify
any police officer that such person  has,  in  his
judgment, violated the conditions of his probation
and such notice shall be  sufficient  warrant  for
the  police  officer  to  arrest  such  person and
return him to the custody of the court or  to  any
suitable  detention  facility  designated  by  the
court.  Any  probation  officer  may  arrest   any
defendant  on  probation  without a warrant or may
deputize any other officer with power to arrest to
do  so  by  giving him a written statement setting
forth that the defendant has, in the  judgment  of
the  probation officer, violated the conditions of
his probation. Such written  statement,  delivered
with the defendant by the arresting officer to the
official in charge of any correctional  center  or
other  place  of  detention,  shall  be sufficient
warrant for the detention of the defendant.  After
making  such  an  arrest,  such  probation officer
shall  present  to  the  detaining  authorities  a
similar   statement   of   the   circumstances  of
violation. Provisions regarding release on bail of
persons  charged  with a crime shall be applicable
to any defendant arrested under the provisions  of
this  section. Upon such arrest and detention, the
probation officer shall immediately so notify  the
court  or any judge thereof. Thereupon, or upon an
arrest by warrant as herein  provided,  the  court
shall  cause the defendant to be brought before it
without unnecessary delay for  a  hearing  on  the
violation  charges.  At such hearing the defendant
shall be informed of the manner  in  which  he  is
alleged  to  have  violated  the conditions of his
probation  or  conditional  discharge,  shall   be
advised  by  the  court  that  he has the right to
retain counsel and, if indigent, shall be entitled
to  the services of the public defender, and shall
have the right to cross-examine witnesses  and  to
present evidence in his own behalf.
    (b)  If  such  violation  is  established, the
court may: (1) Continue the sentence of  probation
or  conditional  discharge;  (2) modify or enlarge
the  conditions  of   probation   or   conditional
discharge;  (3)  extend the period of probation or
conditional  discharge,  provided   the   original
period  with  any  extensions shall not exceed the
periods  authorized  by  section  53a-29;  or  (4)
revoke  the  sentence  of probation or conditional
discharge. If such sentence is revoked, the  court
shall  require the defendant to serve the sentence
imposed or impose any lesser  sentence.  ANY  SUCH
LESSER    SENTENCE   MAY   INCLUDE   A   TERM   OF
IMPRISONMENT, ALL OR A PORTION  OF  WHICH  MAY  BE
SUSPENDED  ENTIRELY  OR  AFTER A PERIOD SET BY THE
COURT, FOLLOWED BY A PERIOD OF PROBATION WITH SUCH
CONDITIONS  AS  THE  COURT  MAY ESTABLISH. No such
revocation   shall   be   ordered,   except   upon
consideration  of the whole record and unless such
violation is established by  the  introduction  of
reliable   and   probative   evidence   and  by  a
preponderance of the evidence.

Approved May 27, 1998