Rule 38-2. Release Following Any Other Arrest; Release by Law Enforcement Officer or Probation Officer Serving Warrant

(a) Except in cases of arrest pursuant to a warrant 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 writing of his or her rights under Section 37-3 and 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 information relevant to the terms and conditions of his or her release from custody and shall seek independent verification of such information where necessary. 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 incident 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 immediately 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 family violence crime, and the police officer or probation 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 section. 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, assessment 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:

(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 authority 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 justice information to determine if the arrested person is listed in the index.

Committee Notes

(Amended June 15, 2018, to take effect Jan. 1, 2019.) (P.B. 1978-1997, Sec. 656.) (Amended June 15, 2018, to