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House Bill No. 6635

Public Act No. 11-155

AN ACT CONCERNING THE COURT SUPPORT SERVICES DIVISION OF THE JUDICIAL BRANCH.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) A period of probation or conditional discharge commences on the day it is imposed, except that, where it is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court, it commences on the day the defendant is released from such imprisonment. Multiple periods, whether imposed at the same or different times, shall run concurrently.

(b) [Issuance] The issuance of a warrant or notice to appear, or an arraignment following an arrest without a warrant, for violation pursuant to section 53a-32 shall interrupt the period of the sentence [as of the date of such issuance] until a final determination as to the violation has been made by the court. In the absence of a warrant, [or] a notice to appear or an arrest for violation pursuant to section 53a-32, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the Court Support Services Division from the responsibility of supervising the defendant.

(c) Notwithstanding the issuance of a warrant or notice to appear or an arrest without a warrant for violation pursuant to section 53a-32, the defendant shall continue to comply with the conditions with which the defendant was previously required to comply pursuant to section 53a-30. The Court Support Services Division shall make reasonable efforts to inform the defendant of the defendant's obligation to continue to comply with such conditions and to provide the defendant with a copy of such conditions.

(d) In any case where a person who is under a sentence of probation or of conditional discharge is also under an indeterminate sentence of imprisonment, or a sentence authorized under section 18-65a or 18-73, imposed for some other offense by a court of this state, the service of the sentence of imprisonment shall satisfy the sentence of probation or of conditional discharge unless the sentence of probation or of conditional discharge is revoked prior to parole or satisfaction of the sentence of imprisonment.

Sec. 2. Section 54-108 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) Probation officers shall investigate all cases referred to them for investigation by the executive director or by the court. They shall furnish to each person released under their supervision a written statement of the conditions of probation and shall instruct him regarding the same. They shall keep informed of his conduct and condition and use all suitable methods to aid and encourage him and to bring about improvement in his conduct and condition. [Probation officers shall collect and disburse all moneys in accordance with the orders of the judges of the court; shall keep accurate and complete accounts of all moneys received and disbursed in accordance with such orders and shall give receipts therefor, and shall make such reports in writing as the court or director may require. They shall send a record of all probations to the director. Whenever any minor has been arrested, the probation officer shall, as soon after the arrest as practicable, be notified by the police in order that he may, before the trial, ascertain the facts in the case. Pending such investigation the court may commit the accused to the custody of the probation officer. Whenever a minor is in default of bail and is committed to a community correctional center, the Superior Court or, if such court is not in session, any judge thereof, upon application and after notice to the prosecuting authority of the court may order that such minor be committed to the custody of a probation officer pending the disposition of the case. Any such order shall be filed with the clerk of such court, and a certified copy thereof filed with the Community Correctional Center Administrator shall be sufficient warrant for the release of such minor to the custody of the probation officer. ]

(b) Probation officers shall supervise and enforce all conditions of probation ordered pursuant to section 53a-30.

(c) Any interference with any probation officer or with any person placed in his charge shall render the person so interfering liable to the provisions of section 53a-167a.

Sec. 3. Subsection (a) of section 54-108d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) A probation officer may, in the performance of his or her official duties, detain for a reasonable period of time and until a police officer arrives to make an arrest (1) any person who has one or more unexecuted state or federal arrest warrants lodged against him or her, and (2) any person who such officer has probable cause to believe has violated a condition of probation and is the subject of a probation officer's authorization to arrest pursuant to subsection (a) of section 53a-32. If a police officer is unable to come to the location where the person is being detained within a reasonable period of time, a probation officer may transport the person to the nearest location where a police officer is able to make an arrest.

Approved July 8, 2011