Conn. Practice Book § 38-2 (2026)

Sec. 38-2. Release Following Any Other Arrest; Release by Law Enforcement Officer or Probation Officer Serving Warrant (Amended June 15, 2018, to take effect Jan. 1, 2019.) (a) Except in cases of arrest pursuant to a war- rant in which the judicial authority has indicated that bail should be denied or has ordered that the arrested person be brought before a clerk or assistant clerk of the Superior Court, when any person is taken into custody for a bailable offense that person shall be brought promptly to a police station or other lawful place of detention, where, as quickly as possible under the circumstances, he or she shall be informed or warned in writ- ing of his or her rights under Section 37-3 and © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS Sec. 38-3 of his or her right to be interviewed concerning the terms and conditions of release. Unless the arrested person waives or refuses such interview, a law enforcement officer or a probation officer serving a violation of probation warrant shall promptly interview that person to obtain informa- tion relevant to the terms and conditions of his or her release from custody and shall seek indepen- dent verification of such information where neces- sary. At the request of the arrested person, his or her counsel may be present during such interview. No statement made by the arrested person in response to any question during the interview related to the terms and conditions of release shall be admissible as evidence against the arrested person in any proceeding arising from the inci- dent for which the conditions of release were set. After such a waiver, refusal or interview, the law enforcement officer or probation officer shall promptly order release of the arrested person upon his or her execution of a written promise to appear or his or her posting of a bond with or without surety in such amount as may be set by such officer, except that no condition of release set by the judicial authority may be modified by such officer, and no person shall be released upon the execution of a written promise to appear or the posting of a bond without surety if the person is charged with a family violence crime and, in the commission of such crime, the person used or threatened the use of a firearm. If the arrested person has not posted bail, the officer shall imme- diately notify a bail commissioner. The officer may administer such oaths as are necessary in the taking of promises or bonds. (b) If the arrested person is charged with a fam- ily violence crime, and the police officer or proba- tion officer does not intend to impose nonfinancial conditions of release pursuant to this subsection, the police officer or probation officer shall promptly order the release of such person pursuant to the procedure set forth in subsection (a) of this sec- tion. If the arrested person is not so released, the officer shall make reasonable efforts to contact a bail commissioner or an intake, assessment and referral specialist immediately. If, after making such reasonable efforts, the officer is unable to contact a bail commissioner or an intake, assess- ment and referral specialist, or the officer makes contact, but the bail commissioner or intake, assessment and referral specialist is unavailable promptly to perform his or her duties pursuant to Section 38-3, the officer shall order the release of the arrested person pursuant to the procedure set forth in subsection (a) of this section, and may impose nonfinancial conditions of release, which may require the arrested person to do one or more of the following: 389 (1) Avoid all contact with the alleged victim of the crime; (2) Comply with specified restrictions on his or her travel, association, or place of abode that are directly related to the protection of the alleged victim of the crime; (3) Not use or possess a dangerous weapon, intoxicant or controlled substance. Any nonfinancial conditions of release imposed pursuant to this subsection shall remain in effect until the arrested person is presented before the Superior Court. On such date, the judicial author- ity shall conduct a hearing pursuant to General Statutes § 46b-38c, at which the arrested person is entitled to be heard with respect to the issuance of a protective order. An officer imposing nonfinancial conditions of release shall, on a form prescribed by the Office of the Chief Court Administrator, indicate such conditions and state and swear to: (1) The efforts that were made to contact a bail commissioner; (2) The specific factual basis relied upon by the officer to impose the nonfinancial conditions of release; and (3) If the arrested person was non-English speaking, that the services of a translation service or interpreter were used. A copy of this form shall be provided to the arrested person immediately, and a copy of this form shall also be provided to counsel for the arrested person at arraignment. (c) No officer shall set the terms and conditions of an arrested person’s release, set a bond for an arrested person, or release an arrested person from custody under this section unless the officer has first checked the National Crime Information Center (NCIC) computerized index of criminal jus- tice information to determine if the arrested person is listed in the index. (P.B. 1978-1997, Sec. 656.) (Amended June 15, 2018, to take effect Jan. 1, 2019.) Sec. 38-3. —Release by Bail Commissioner or Intake, Assessment and Referral Spe- cialist (Amended June 15, 2018, to take effect Jan. 1, 2019.) (a) Upon notification by a law enforcement offi- cer that an arrested person has not posted bail, a bail commissioner or an intake, assessment, and referral specialist shall promptly conduct an interview and investigation and, based upon release criteria established by the court support services division, shall, except as provided in sub- section (c) of this section, promptly order the release of the arrested person upon the first of the following conditions of release found sufficient to ensure his or her appearance in court: © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS