AN ACT CONCERNING RELEASE BY A BAIL COMMISSIONER. Be it enacted by the Senate and House of Representatives in General Assembly convened:


          Substitute House Bill No. 6567
          Substitute House Bill No. 6567

               PUBLIC ACT NO. 97-53


AN ACT CONCERNING RELEASE BY A BAIL COMMISSIONER.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  54-63d  of  the  general  statutes 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repealed and the following is substituted in  lieu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;  [(2)]  (3)  upon his execution of a bond
without  surety  in   no   greater   amount   than
necessary;  [(3)] (4) upon his execution of a bond
with surety in no greater amount  than  necessary.
If  the  person  is unable to meet [financial] 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. [If the bail
commissioner determines that conditions of release
other  than  financial  are  necessary  to provide
reasonable assurance of  the  appearance  of  such
person  in  court,  he  shall  provide, in lieu of
ordering   the   release   of   such   person,   a
recommendation  to  the  court regarding the terms
and conditions of release,  which  may  include  a
term of supervision, in the report.]
    (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.
    [(b)]   (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.
    [(c)]  (d)  Except  as provided in subsections
[(d)] (e) and  [(e)]  (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.
    [(d)]  (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.
    [(e)]  (f)  Any  files and reports held by the
Office of the Bail Commission may be disclosed  to
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.

Approved May 14, 1997