HB 7314 — AN ACT CONCERNING A CRIME VICTIM'S PARTICIPATORY RIGHTS IN A VIOLATION OF PROBATION OR CONDITIONAL DISCHARGE HEARING.

General Assembly SubstituteRaised Bill No.

7314 January Session, 2019 ANLCO ACTNo. CONCERNING A CRIME VICTIM'S PARTICIPATORY RIGHTS IN A VIOLATION OF PROBATION OR CONDITIONAL DISCHARGE HEARING.

5539 Referred to Committee on JUDICIARY Introduced by:

(JUD) AN ACT CONCERNING A CRIME VICTIM'S PARTICIPATORY RIGHTS IN A VIOLATION OF PROBATION OR CONDITIONAL DISCHARGE HEARING.

SectionSubsection (c) of section 53a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) At any time during the period of probation or conditional discharge, the court or any judge thereof may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation or conditional discharge, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the defendant.

Any such warrant shall authorize all officers named therein to return the defendant to the custody of the court or to any suitable detention facility designated by the court.

Whenever a probation officer has probable cause to believe that a person has violated a condition of such person's probation, such probation officer may notify any police officer that such person has, in such officer's judgment, violated the conditions of such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return such person to the custody of the court or to any suitable detention facility designated by the court.

Whenever a probation officer so notifies a police officer, the probation officer shall LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07314-R011 of 4 HB.docx Substitute Bill No.

7314 notify the victim of the offense for which such person is on probation, and any victim advocate assigned to assist the victim, provided the probation officer has been provided with the name and contact information for such victim or victim advocate.

Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of the defendant's probation.

Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant.

After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation.

Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section.

Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge thereof.

(b) When the defendant is presented for arraignment on the charge of violation of any of the conditions of probation or conditional discharge, the court shall review any conditions previously imposed on the defendant and may order, as a condition of the pretrial release of the defendant, that the defendant comply with any or all of such conditions in addition to any conditions imposed pursuant to section 54-64a.

Unless the court, pursuant to subsection (c) of section 54-64a, orders that the defendant remain under the supervision of a probation officer or other designated person or organization, the defendant shall be supervised by the Court Support Services Division of the Judicial Branch in accordance with subsection (a) of section 54-63b.

The LCOCourt {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073142Support ofServices 4Division R01-HB.docxshall }establish Substitutewithin Billits No.policies and procedures a requirement that any victim be notified whenever a hearing is to be held pursuant to this section on a charge that the defendant has violated the conditions of probation or conditional discharge.

7314The Courtcourt Support Services Division shall establishpermit withinsuch itsvictim policiesto andappear proceduresbefore a requirement that any victim of the offensecourt for which the defendantpurpose isof onmaking probationa bestatement notifiedfor ofthe suchrecord arrestconcerning forthe aalleged violation of anyprobation ofor theconditional conditionsdischarge. of probation.

TheIn Courtlieu Support Services Division shall also provide the victim with notice of theLCO firstNo. hearing date after arraignment on the violation of probation charges, as well as information on registering for the state-wide automated victim information and notification system.

(d)5539 The1 court shall permit such victim to appear before the court for the purpose of making2 aRaised statementBill forNo. the record concerning the defendant's alleged violation of probation or conditional discharge.

In7314 lieu of such appearance, the victim may submit a written statement to the court and the court shall make such statement a part of the record.

[(d)] (e) If such violation is established, the court may:

(1) Continue the sentence of probation or conditional discharge;

(2) modify or enlarge the conditions of probation or conditional discharge;

(3) extend the period of probation or conditional discharge, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29;

or (4) revoke the sentence of probation or conditional discharge.

If such sentence is revoked, the court shall require the LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-073143 of 4 R01-HB.docx } Substitute Bill No.

7314 defendant to serve the sentence imposed or impose any lesser sentence.

Any such lesser sentence may include a term of imprisonment, all or a portion of which may be suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish.

No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.

Section 1 October 1, 2019 53a-3253a-32(c) Statement of LegislativePurpose: Commissioners:

InTo Sectionensure 1(c), "requirement that anya crime victim behas notified"participatory wasrights changedin toany "requirementhearing thatconcerning anya victimviolation of theprobation offenseor forconditional whichdischarge involving the defendantperson iswho oncommitted probationthe becriminal notified"act. for clarity.

JUD[Proposed Jointdeletions Favorableare Subst.enclosed in brackets.

LCOProposed {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07314-additions 4are indicated by underline, except that when the entire text of 4a R01-HB.docxbill }or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

5539 2 of 2