Rule 38-18. Review of Detention Prior to Arraignment, Trial or Sentencing

(a) No person shall be detained in a correctional facility for arraignment, sentencing or trial for an offense not punishable by death for longer than forty-five days, unless at the expiration of such fortyfive days such person is presented to the judicial authority having cognizance of the offense. On each such presentment, the judicial authority may reduce,modify or dischargesuch bail. On the expiration of each successive forty-five day period, such person may again by motion be presented to the judicial authority for such purpose.

(b) If the offense is classified as a class D felony or as a misdemeanor, the time period under this section shall be thirty days, except with regard to a person charged with a crime in another state and detained pursuant to chapter 964 of the General Statutes or a person detained for violation of his parole pending a parole revocation hearing.

Committee Notes

(P.B. 1978-1997, Sec. 677.)