Conn. Practice Book § 38-1 (2026)

Sec. 38-1. Release from Custody; Superior Court Arrest Warrant where Appearance before Clerk Required (a) When any person is arrested on a warrant pursuant to General Statutes § 54-2a in which the judicial authority issuing such warrant has indi- cated that bail should be denied, or has ordered that the arrested person be brought before a clerk or assistant clerk of the Superior Court, the arresting officer shall, without undue delay, bring such person before the clerk or assistant clerk of the Superior Court for the geographical area where such offense is alleged to have been com- mitted during the office hours of such clerk and, if such clerk’s office is not open, the arresting officer shall, without undue delay, bring such per- son to a holding facility within the geographical area where such offense is alleged to have been committed or, if there is no such facility available within such geographical area, to the nearest available facility, or the York Correctional Institu- tion. Such clerk or assistant clerk or such person designated by the Commissioner of Correction shall advise the arrested person of the warnings contained in Section 37-3 and, when the judicial authority has not indicated that bail should be denied, shall release the arrested person upon his or her entering into the conditions of release fixed in the warrant, conditioned that the arrested person shall appear before the Superior Court having criminal jurisdiction in and for the geo- graphical area to answer to the bench warrant of arrest and information filed in the case. If the arrested person was brought to such a facility, he 388 38-11. Request for Judicial Determination of Release 38-12. Attorneys Not Allowed To Give Bonds 38-13. Bail Modification; In General 38-14. —Motion of Parties for Bail Modification 38-15. —Application of Bail Commissioner 38-16. —Application of Surety 38-17. —Hearing on Motion or Application for Modification of Bail 38-18. —Review of Detention Prior to Arraignment, Trial or Sentencing 38-19. Violation of Conditions of Bail; Order To Appear 38-20. —Sanctions for Violation of Conditions of Release 38-21. —Forfeiture of Bail and Rearrest Warrant 38-22. Rebate of Forfeited Bonds 38-23. Discharge of Surety’s Obligation or she shall be given the opportunity to contact private counsel or the public defender. If the arrested person is not released because of his or her failure to enter into the conditions of release fixed by the judicial authority, or if he or she has been arrested for an offense that is not bailable, the arrested person shall be presented before a judicial authority pursuant to Section 37-1. (b) When any person is arrested on a bench warrant of arrest issued by a judicial authority, in which the judicial authority has not indicated that bail should be denied, or has not ordered that the officer making such arrest bring such person before the clerk, the officer making the arrest shall, without undue delay, comply with the provisions of Sections 38-2 and 38-3 in setting the conditions of release for such person. (P.B. 1978-1997, Sec. 654.) (Amended June 15, 2018, to take effect Jan. 1, 2019.)