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Section 54-69 – Motion of parties to modify conditions of release

May 11, 2021 | Connecticut, Criminal Procedure

(a) Whenever in any criminal prosecution the state’s attorney for any judicial district or the assistant state’s attorney is of the opinion that the bond without or with surety given by any accused person is excessive or insufficient in amount or security, or that the written promise of such person to appear is inadequate, or whenever any accused person alleges that the amount or security of the bond given by such accused person is excessive, such state’s attorney or assistant state’s attorney or the accused person may bring an application to the court in which the prosecution is pending or to any judge thereof, alleging such excess, insufficiency, or inadequacy, and, after notice as hereinafter provided and hearing, such judge shall in bailable offenses continue, modify or set conditions of release upon the first of the following conditions of release found sufficient to provide reasonable assurance of the appearance of the accused in court:

(1) Upon such person’s execution of a written promise to appear,
(2) upon such person’s execution of a bond without surety in no greater amount than necessary,
(3) upon such person’s execution of a bond with surety in no greater amount than necessary.
(b) No hearing upon any such application shall be had until a copy of such application, together with a notice of the time and place of hearing thereon, has been served upon the surety or sureties upon such bond, if any, and upon the appropriate bail commissioner or intake, assessment and referral specialist employed by the Judicial Branch and, in the case of an application by an accused person, upon any such state’s attorney, or, in the case of the application by any such state’s attorney, upon the accused person.
(c) Notwithstanding the provisions of subsection (b) of this section, a hearing may be had on an application by any such state’s attorney without a copy of such application and notice of the hearing being served upon the surety or sureties upon such bond, if any, the appropriate bail commissioner or intake, assessment and referral specialist and the accused person if the accused person is charged with the commission of a family violence crime, as defined in section 46b-38a, or a violation of section 53a-181c, 53a-181d, 53a-181e, 53a-223, 53a-223a or 53a-223b and is being presented at the next sitting of the Superior Court as required by section 54-1g.

Conn. Gen. Stat. ยง 54-69

(1949 Rev., S. 8790; 1961, P.A. 517, S. 72; 1967, P.A. 549, S. 13; 656, S. 61; P.A. 74-183, S. 147, 291; P.A. 76-436, S. 548, 681; P.A. 78-280, S. 1, 127; P.A. 80-313, S. 23; P.A. 99-186, S. 6; P.A. 02-127, S. 5; P.A. 12-114, S. 22; 12-133, S. 39.)

Amended by P.A. 12-0133, S. 39 of the the 2012 Regular Session, eff. 10/1/2012.
Amended by P.A. 12-0114, S. 22 of the the 2012 Regular Session, eff. 10/1/2012.

Bond includes recognizance. 110 C. 173. Cited. 140 Conn. 326; 222 Conn. 331; 241 C. 413. Cited. 4 Conn. Cir. Ct. 116.