Bill Text: CT SB00239 | 2018 | General Assembly | Comm Sub


Bill Title: An Act Concerning Global Positioning System Monitoring Of Convicted Persons Awaiting Sentencing For Aggravated Sexual Assault.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-16 - File Number 512 [SB00239 Detail]

Download: Connecticut-2018-SB00239-Comm_Sub.html

General Assembly

 

Substitute Bill No. 239

    February Session, 2018

 

*_____SB00239JUD___040418____*

AN ACT CONCERNING GLOBAL POSITIONING SYSTEM MONITORING OF CONVICTED PERSONS AWAITING SENTENCING FOR AGGRAVATED SEXUAL ASSAULT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-63f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) A person who has been convicted of any offense, except a violation of section 53a-54a, 53a-54b, 53a-54c or 53a-54d or any offense involving the use, attempted use or threatened use of physical force against another person, and is either awaiting sentence or has given oral or written notice of such person's intention to appeal or file a petition for certification or a writ of certiorari may be released pending final disposition of the case, unless the court finds custody to be necessary to provide reasonable assurance of such person's appearance in court, upon the first of the following conditions of release found sufficient by the court to provide such assurance: (1) Upon such person's execution of a written promise to appear, (2) upon such person's execution of a bond without surety in no greater amount than necessary, (3) upon such person's execution of a bond with surety in no greater amount than necessary, (4) upon such person's deposit, with the clerk of the court having jurisdiction of the offense with which such person stands convicted or any assistant clerk of such court who is bonded in the same manner as the clerk or any person or officer authorized to accept bail, a sum of money equal to the amount called for by the bond required by the court, or (5) upon such person's pledge of real property, the equity of which is equal to the amount called for by the bond required by the court, provided the person pledging such property is the owner of such property. When cash bail is offered, such bond shall be executed and the money shall be received in lieu of a surety or sureties upon such bond. Such cash bail shall be retained by the clerk of such court until a final order of the court disposing of the same is passed, provided, if such bond is forfeited, the clerk of such court shall pay the money to the payee named therein, according to the terms and conditions of the bond.

(b) In addition to any condition of release imposed pursuant to subsection (a) of this section, the court shall order electronic monitoring by a global positioning system device as a condition of release for any person convicted for a violation of section 53a-70a or 53a-70c.

(c) The court may require that the person subject to electronic monitoring pursuant to subsection (b) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, the court shall waive such costs. The court may contract for such electronic monitoring services pursuant to subsection (e) of section 54-64a, as amended by this act.

Sec. 2. Subsection (e) of section 54-64a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(e) The court may require that the person subject to electronic monitoring pursuant to subsection (c) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, the court shall waive such costs. Any contract entered into by the Judicial Branch and [the electronic monitoring service provider] a provider of electronic monitoring services, which services may include, but need not be limited to, those electronic monitoring services required pursuant to section 54-63f, as amended by this act, shall include a provision stating that the total cost for electronic monitoring services shall not exceed five dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

54-63f

Sec. 2

October 1, 2018

54-64a(e)

JUD

Joint Favorable Subst.

 
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