Sec. 54-65. Procedure when principal intends to abscond. - Connecticut Statutes

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Statutes > Connecticut > Title54 > Chap960 > Sec54-65

      Sec. 54-65. Procedure when principal intends to abscond. Any surety in a recognizance in criminal proceedings, who believes that his principal intends to abscond, shall apply to a judge of the Superior Court, produce his bail bond or evidence of his being a surety, and verify the reason of his application by oath or otherwise. Thereupon, the judge shall immediately grant a mittimus, directed to a proper officer or indifferent person, commanding him immediately to arrest the principal and commit him to a community correctional center. The Community Correctional Center Administrator shall receive the principal and retain him in a community correctional center until discharged by due order of law. The surrender of the principal shall be a full discharge of the surety upon his bond or recognizance.

      (1949 Rev., S. 8780; P.A. 81-410, S. 12; P.A. 90-288, S. 1.)

      History: P.A. 81-410 replaced previous provision re rights of surety with the language of former Sec. 52-319; P.A. 90-288 made provision re application to a judge by a surety who believes his principal intends to abscond mandatory rather than discretionary.

      Right of person giving bail to retake prisoner; arrest of prisoner in another state no defense to action on hand. 16 Wall. 371; 160 U.S. 246. Cited. 140 C. 326. Dissent held statute was unconstitutional as violative of due process clauses of state and federal constitutions. 175 C. 147. Cited. Id., 149. Has no application to facts of case. 199 C. 537.

State Codes and Statutes

Statutes > Connecticut > Title54 > Chap960 > Sec54-65

      Sec. 54-65. Procedure when principal intends to abscond. Any surety in a recognizance in criminal proceedings, who believes that his principal intends to abscond, shall apply to a judge of the Superior Court, produce his bail bond or evidence of his being a surety, and verify the reason of his application by oath or otherwise. Thereupon, the judge shall immediately grant a mittimus, directed to a proper officer or indifferent person, commanding him immediately to arrest the principal and commit him to a community correctional center. The Community Correctional Center Administrator shall receive the principal and retain him in a community correctional center until discharged by due order of law. The surrender of the principal shall be a full discharge of the surety upon his bond or recognizance.

      (1949 Rev., S. 8780; P.A. 81-410, S. 12; P.A. 90-288, S. 1.)

      History: P.A. 81-410 replaced previous provision re rights of surety with the language of former Sec. 52-319; P.A. 90-288 made provision re application to a judge by a surety who believes his principal intends to abscond mandatory rather than discretionary.

      Right of person giving bail to retake prisoner; arrest of prisoner in another state no defense to action on hand. 16 Wall. 371; 160 U.S. 246. Cited. 140 C. 326. Dissent held statute was unconstitutional as violative of due process clauses of state and federal constitutions. 175 C. 147. Cited. Id., 149. Has no application to facts of case. 199 C. 537.

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State Codes and Statutes

Statutes > Connecticut > Title54 > Chap960 > Sec54-65

      Sec. 54-65. Procedure when principal intends to abscond. Any surety in a recognizance in criminal proceedings, who believes that his principal intends to abscond, shall apply to a judge of the Superior Court, produce his bail bond or evidence of his being a surety, and verify the reason of his application by oath or otherwise. Thereupon, the judge shall immediately grant a mittimus, directed to a proper officer or indifferent person, commanding him immediately to arrest the principal and commit him to a community correctional center. The Community Correctional Center Administrator shall receive the principal and retain him in a community correctional center until discharged by due order of law. The surrender of the principal shall be a full discharge of the surety upon his bond or recognizance.

      (1949 Rev., S. 8780; P.A. 81-410, S. 12; P.A. 90-288, S. 1.)

      History: P.A. 81-410 replaced previous provision re rights of surety with the language of former Sec. 52-319; P.A. 90-288 made provision re application to a judge by a surety who believes his principal intends to abscond mandatory rather than discretionary.

      Right of person giving bail to retake prisoner; arrest of prisoner in another state no defense to action on hand. 16 Wall. 371; 160 U.S. 246. Cited. 140 C. 326. Dissent held statute was unconstitutional as violative of due process clauses of state and federal constitutions. 175 C. 147. Cited. Id., 149. Has no application to facts of case. 199 C. 537.