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Section 54-65 – Procedure when surety believes principal intends to abscond. Application for release of surety from bond if principal absconds

May 11, 2021 | Connecticut, Criminal Procedure

(a) Any surety in a recognizance in criminal proceedings, who believes that such surety’s principal intends to abscond, shall apply to a judge of the Superior Court, produce such surety’s bail bond or evidence of being a surety, and verify the reason of such surety’s application by oath or otherwise. Thereupon, the judge shall immediately grant a mittimus, directed to a proper officer or indifferent person, commanding such officer or indifferent person immediately to arrest the principal and commit the principal to a community correctional center. The Community Correctional Center Administrator shall receive the principal and retain the principal in a community correctional center until discharged by due order of law. The surrender of the principal shall be a full discharge of the surety upon such surety’s bond or recognizance.
(b) If the principal of a surety in a recognizance in criminal proceedings absconds, such surety may apply, prior to six months after the date the bond is ordered forfeited, to a judge of the Superior Court to be released from such bond. The judge may release such surety from such bond for good cause shown.

Conn. Gen. Stat. ยง 54-65

(1949 Rev., S. 8780; P.A. 81-410, S. 12; P.A. 90-288, S. 1; P.A. 14-184, S. 1.)

Amended by P.A. 14-0184, S. 1 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Right of person giving bail to retake prisoner; arrest of prisoner in another state no defense to action on hand. 16 Wall. 371; 160 U.S. 246. Cited. 140 Conn. 326; 175 C. 149. Has no application to facts of case. 199 C. 537.