Sec. 54-65. Procedure when surety believes principal intends to abscond. Application for release of surety from bond if principal absconds.

(a) Any surety in a recognizance in criminal proceedings, who believes that such surety's principal intends to abscond, shall apply to a judge of the Superior Court, produce such surety's bail bond or evidence of being a surety, and verify the reason of such surety's application by oath or otherwise. Thereupon, the judge shall immediately grant a mittimus, directed to a proper officer or indifferent person, commanding such officer or indifferent person immediately to arrest the principal and commit the principal to a community correctional center. The Community Correctional Center Administrator shall receive the principal and retain the principal 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 such surety's bond or recognizance.

(b) If the principal of a surety in a recognizance in criminal proceedings absconds, such surety may apply, prior to six months after the date the bond is ordered forfeited, to a judge of the Superior Court to be released from such bond. The judge may release such surety from such bond for good cause shown.

(1949 Rev., S. 8780; P.A. 81-410, S. 12; P.A. 90-288, S. 1; P.A. 14-184, 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; P.A. 14-184 designated existing provisions as Subsec. (a) and amended same to make technical changes, and added Subsec. (b) re application for release of surety from bond for good cause shown when principal of surety absconds.

Notation

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; 175 C. 149. Has no application to facts of case. 199 C. 537.