Conn. Practice Book § 38-3 (2026)

Sec. 38-3 (1) The arrested person’s execution of a written promise to appear without special conditions; (2) The arrested person’s execution of a written promise to appear with any of the nonfinancial conditions specified in subsection (b) of this section; (3) The arrested person’s execution of a bond without surety in no greater amount than nec- essary; (4) The arrested person’s execution of a bond with surety in no greater amount than necessary. If the arrested person is unable to meet the conditions of release ordered, the bail commis- sioner or intake, assessment, and referral special- ist shall inform the court in a report prepared pursuant to subsection (d) of this section. (b) In addition to or in conjunction with any of the conditions enumerated in subsection (a) of this section, the bail commissioner or intake, assess- ment, and referral specialist may impose nonfi- nancial conditions of release, which may require that the arrested person do any of the following: (1) Remain under the supervision of a desig- nated person or organization; (2) Comply with specified restrictions on his or her travel, association, or place of abode; (3) Not engage in specified activities, including the use or possession of a dangerous weapon, or the unlawful use or possession of an intoxicant or a controlled substance; (4) Not use classes of intoxicants or controlled substances, if the bail commissioner or intake, assessment and referral specialist makes a find- ing that use of such classes of intoxicants or con- trolled substances would pose a danger to the arrested person or to the public and includes indi- vidualized reasons supporting such finding, pro- vided that such finding shall not consider any prior arrests or convictions for use or possession of cannabis; (5) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; or (6) Satisfy any other condition that is reasonably necessary to ensure his or her appearance in court. Any of the conditions imposed under subsection (a) of this section and this subsection shall be effective until the appearance of such person in court. (c) No person shall be released upon the execu- tion 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 commis- sion of such crime, the person used or threatened the use of a firearm. (d) The bail commissioner shall prepare for review by the judicial authority an interview record 390 and a written report for each person interviewed. The written report shall contain the information obtained during the interview and verification pro- cess, the arrested person’s prior criminal record, if possible, the determination or recommendation of the bail commissioner concerning terms and conditions of release, and, where applicable, a statement that the arrested person was unable to meet the conditions of release ordered by the bail commissioner or the intake, assessment, and referral specialist. (P.B. 1978-1997, Sec. 657.) (Amended June 29, 1998, to take effect Jan. 1, 1999; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 15, 2018, to take effect Jan. 1, 2019; amended June 9, 2023, to take effect Jan. 1, 2024.) Sec. 38-4. —Release by Judicial Authority (a) Except as provided in subsection (c) of this section, when any defendant is presented before a judicial authority, such authority shall, in bailable offenses, promptly order the release of such defendant upon the first of the following conditions of release found sufficient to reasonably ensure the defendant’s appearance in court: (1) The defendant’s execution of a written prom- ise to appear without special conditions; (2) The defendant’s execution of a written prom- ise to appear with nonfinancial conditions; (3) The defendant’s execution of a bond without surety in no greater amount than necessary; (4) The defendant’s deposit with the clerk of the court of an amount of cash equal to 7 percent of the amount of the surety bond set, pursuant to Section 38-8; (5) The defendant’s execution of a bond with surety in no greater amount than necessary. In no event shall the judicial authority prohibit a bond from being posted by surety. (b) The judicial authority may, in determining what conditions of release will reasonably ensure the appearance of the defendant in court pursuant to subsection (a) of this section, consider the fol- lowing factors: (1) The nature and circumstances of the offense; (2) The defendant’s record of previous convic- tions; (3) The defendant’s past record of appearance in court; (4) The defendant’s family ties; (5) The defendant’s employment record; (6) The defendant’s financial resources, char- acter, and mental condition; (7) The defendant’s community ties; and (8) In the case of a violation of General Statutes § 53a-222a when the condition of release was issued for a family violence crime, as defined in General Statutes § 46b-38a, the heightened risk © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS Sec. 38-4 posed to victims of family violence by violations of conditions of release. (c) When any defendant charged with a serious felony enumerated in General Statutes § 54-64a (b) (1) or a family violence crime, as defined in General Statues § 46b-38a, is presented before a judicial authority, such authority shall, in bailable offenses, promptly order the release of such defendant upon the first of the following conditions of release found sufficient to reasonably ensure the defendant’s appearance in court and that the safety of any other person will not be endangered: (1) The defendant’s execution of a written prom- ise to appear without special conditions; (2) The defendant’s execution of a written prom- ise to appear with nonfinancial conditions; (3) The defendant’s execution of a bond without surety in no greater amount than necessary; (4) The defendant’s deposit with the clerk of the court of an amount of cash equal to 7 percent of the amount of the surety bond set, pursuant to Section 38-8; (5) The defendant’s execution of a bond with surety in no greater amount than necessary. In no event shall the judicial authority prohibit a bond from being posted by surety. (d) The judicial authority may, in determining what conditions of release will reasonably ensure the appearance of the defendant in court and that the safety of any other person will not be endan- gered pursuant to subsection (c) of this section, consider the following factors: (1) The nature and circumstances of the offense; (2) The defendant’s record of previous con- victions; (3) The defendant’s past record of appearance in court after being admitted to bail; (4) The defendant’s family ties; (5) The defendant’s employment record; (6) The defendant’s financial resources, char- acter, and mental condition; (7) The defendant’s community ties; (8) The number and seriousness of the charges pending against the defendant; (9) The weight of evidence against the defendant; (10) The defendant’s history of violence; (11) Whether the defendant has previously been convicted of similar offenses while released on bond; (12) The likelihood based upon the expressed intention of the defendant that he or she will com- mit another crime while released; and (13) the heightened risk posed to victims of family violence by violations of conditions of release and court orders of protection. When imposing conditions of release under subsection (c) of this section, the court shall state 391 for the record any factors under subsection (d) of this section that it considered and the findings that it made as to the danger, if any, that the defendant might pose to the safety of any other person upon the defendant’s release that caused the court to impose the specific conditions of release that it imposed. (e) If the defendant is charged with no offense other than a misdemeanor, the court shall not impose financial conditions of release on such person unless: (1) The defendant is charged with a family vio- lence crime; (2) The defendant requests such financial con- ditions; or (3) The judicial authority makes a finding on the record that there is a likely risk that: (A) The defendant will fail to appear in court, as required; (B) The defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a pro- spective witness or juror; or (C) The defendant will engage in conduct that threatens the safety of himself or herself or another person. In making such finding, the judicial authority may consider past criminal history, including any prior record of failing to appear as required in court that resulted in any conviction for failure to appear in the first degree, in violation of General Statutes § 53a-172, or any conviction during the previous ten years for Failure to Appear in the Second Degree, in violation of General Statutes § 53a-173, and any other pending criminal cases. (f) In addition to or in conjunction with any of the conditions enumerated in subsection (a) or (c) of this section, the judicial authority may, when it has reason to believe that the defendant is drug- dependent and where necessary, reasonable, and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such defendant. (g) If the judicial authority determines that a nonfinancial condition of release should be imposed in addition to or in conjunction with any of the conditions enumerated in subsection (a) or (c) of this section, the judicial authority shall order the pretrial release of the defendant subject to the least restrictive condition or combination of condi- tions that the judicial authority determines will rea- sonably ensure the appearance of the defendant in court and, when the defendant is charged with a felony enumerated in General Statutes § 54- 64a (b) (1) or a family violence crime, that the © Copyrighted by the Secretary of the State of the State of Connecticut

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