Conn. Gen. Stat. » Title 54 — CRIMINAL PROCEDURE · Chapter 960 — Information, Procedure and Bail
Connecticut General Statutes

Conn. Gen. Stat. § 54-53a (2025)

Detention of persons who have not made bail

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(a) No person who has not made bail may be detained in a correctional facility pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense not punishable by death, for longer than forty-five days, unless at the expiration of the forty-five-day period the person is presented to the court having cognizance of the offense. On each such presentment, the court may reduce, modify or discharge the bail, or may for cause shown remand the person to the custody of the Commissioner of Correction. On the expiration of each successive forty-five-day period, the person may again by motion be presented to the court for such purpose.

(b) Notwithstanding the provisions of subsection (a) of this section, any person who has not made bail and is detained in a correctional facility pursuant to the issuance of a bench warrant of arrest or for arraignment, sentencing or trial for an offense classified as a class D or E felony, except a person charged with a crime in another state and detained pursuant to chapter 964 or a person detained for violation of parole pending a parole revocation hearing, shall be presented to the court having cognizance of the offense not later than thirty days after the date of the person's detention, unless such presentment is waived by the person. On such presentment, the court may reduce, modify or discharge the bail or may for cause shown remand the person to the custody of the Commissioner of Correction. On the expiration of each successive thirty-day period, the person shall again be presented to the court for such purpose.

(c) (1) Notwithstanding the provisions of subsection (a) or (b) of this section, any person who has not made bail and is detained in a correctional facility for no offense other than a misdemeanor, except a person charged with a crime in another state and detained pursuant to chapter 964 or a person detained for violation of parole pending a parole revocation hearing, shall be presented to the court having cognizance of the offense not later than fourteen days after the date of the person's arraignment, unless such presentment is waived by the person.

(2) If such person is detained for a misdemeanor that is not a family violence crime, as defined in section 46b-38a, on such presentment the court shall remove the financial conditions on the release of the person unless the court makes a finding on the record, pursuant to the provisions of subdivision (2) of subsection (a) of section 54-64a.

(3) If such person is detained for a misdemeanor that is a family violence crime, as defined in section 46b-38a, on such presentment the court shall remove the financial conditions on the release of the person unless the court makes a finding on the record pursuant to the provisions of subdivision (2) of subsection (a) of section 54-64a that, without such conditions, there is a likely risk that (A) the person will fail to appear in court, as required, (B) the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective juror or witness, or (C) the person will engage in conduct that threatens the safety of another person.

(d) Notwithstanding the provisions of this section, any person who has not made bail may be heard by the court upon a motion for modification of the bail at any time.

(1971, P.A. 513; P.A. 74-186, S. 1, 12; P.A. 80-313, S. 25; P.A. 82-244; P.A. 89-166; P.A. 13-258, S. 8; P.A. 17-145, S. 2.)

History: P.A. 74-186 made minor changes in wording and specified that presentment is to occur at the expiration of each successive 45-day period; P.A. 80-313 made minor changes in wording, substituting “the” for “such” etc; P.A. 82-244 added Subsec. (b) requiring a bail review hearing every 30 days for persons charged with a class D felony or a misdemeanor; P.A. 89-166 added Subsec. (c) providing that any person who has not made bail may be heard by the court upon a motion for modification of the bail at any time; P.A. 13-258 amended Subsec. (b) to add reference to a class E felony; P.A. 17-145 replaced “community correctional center” with “correctional facility”, amended Subsec. (b) to delete “or as a misdemeanor” and add provision re person who waives presentment, added new Subsec. (c) re person who has not made bail, is detained and is charged with no offense other than a misdemeanor and person who is detained for a misdemeanor, redesignated existing Subsec. (c) as Subsec. (d), and made technical and conforming changes, effective July 1, 2017.

See Sec. 51-180 re criminal terms and sessions of court.

See Sec. 51-180a re special session held when accused is confined for want of bail.

Cited. 169 C. 438. Section, which requires review of bail every 45 days for persons held in custody while mandating procedure for implementing right to be released on bail, provides no sanction for a violation of that procedure; denial of any right created by section is not a violation of fundamental constitutional right. 171 C. 395.

Cited. 29 CS 434. Provides no sanction in event of a violation; defendant not entitled to dismissal of information without showing of prejudice. 43 CS 211.

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Secs. 54-54 and 54-55. Original information in Court of Common Pleas. Information in cases appealed to Court of Common Pleas. Sections 54-54 and 54-55 are repealed.

(1949 Rev., S. 8767, 8768; 1961, P.A. 517, S. 71.)

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Notes of Decisions
Cited in 9 cases, 1962–2017 · leading case: State v. Agron, 148 A.3d 1052 (Conn. 2016).
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State v. Agron, 148 A.3d 1052 (Conn. 2016). · cites it 2× “or detain such vehicle and its occupants"); see also General Statutes § 54-126 ("the [Chairman of the Board of Pardons and Paroles] may detain any convict or inmate pending approval by the panel of such retaking or reimprisonment"); General Statutes § 54-192h (b) (addressing…”
State v. Olds, 370 A.2d 969 (Conn. 1976). · cites it 2× “The defendant’s motion to dismiss alleges that after being bound over to the Superior Court he was held in a correctional center in excess of 45 days without being presented in court, in violation of § 54-53a of the General Statutes. 2 The parties stipulated *404 that April 4,…”
State v. Patel, 171 A.3d 1037 (Conn. 2017). · cites it 2× “o bail and shall be released from such institution upon entering into a recognizance, with sufficient surety, or upon posting cash bail as provided in section 54-66, for the detained person's appearance before the court having cognizance of the offense, to be taken by any person…”
State v. Kyles, 363 A.2d 97 (Conn. 1975). · cites it 2× “In his first motion, the defendant claimed that since the state did not present the defendant on the robbery charge in accordance with General Statutes § 54-53a within forty-five days of his arrest, his detention on the date of his escape was, therefore, illegal, and justified…”
State v. P, No. SC160420 Order on Motion (Conn. Nov. 14, 2017). · cites it 2× “bail and shall be released from such institution upon entering into a recognizance, with sufficient surety, or upon posting cash bail as provided in section 54-66, for the detained person’s appearance before the court having cognizance of the offense, to be taken by any person…”
Paluga v. Wolfe, 290 A.2d 358 (Conn. Super. Ct. 1971). · cites it 2× “513 (General Statutes § 54-53a). The motion to dismiss or quash will be treated by the court as a motion to quash.”
In re Dexter P., 43 Conn. Supp. 211 (Conn. Super. Ct. 1994). · cites it 2× “The basis of the defendant’s motion to dismiss was that after being bound over to the Superior Court, he was held in a correctional center in excess of forty-five days without being presented in court, in violation of § 54-53a of the General Statutes (Rev. to 1975), which…”
State v. Gold, 337 A.2d 543 (Conn. 1975). · cites it 2× “The defendant’s motion that this court review the order of the Superior Court for the judicial district of Waterbury, dated November 25, 1974, fixing his bail in the amount of $500,000 is granted and, it appearing that subsequent to the filing of that motion the Superior Court,…”
State v. Johnson, 1 Conn. Cir. Ct. 218 (Conn. App. Ct. 1962). · cites it 2× “General Statutes § 54-53a. The case was assigned for trial on March 1, 1962, and was ready at that date, and trial was commenced March 27, 1962, at about 2 p.”
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