Rule 38-1. Release from Custody; Superior Court Arrest Warrant where Appearance before Clerk Required

(a) When any person is arrested on a warrant pursuant to General Statutes § 54-2a in which the judicial authority issuing such warrant 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, the arresting officer shall, without undue delay, bring such person before the clerk or assistant clerk of the Superior Court for the geographical area where such offense is alleged to have been committed during the office hours of such clerk and, if such clerk's office is not open, the arresting officer shall, without undue delay, bring such person to a holding facility within the geographical area where such offense is alleged to have been committed or, if there is no such facility available within such geographical area, to the nearest available facility, or the York Correctional Institution. Such clerk or assistant clerk or such person designated by the Commissioner of Correction shall advise the arrested person of the warnings contained in Section 37-3 and, when the judicial authority has not indicated that bail should be denied, shall release the arrested person upon his or her entering into the conditions of release fixed in the warrant, conditioned that the arrested person shall appear before the Superior Court having criminal jurisdiction in and for the geographical area to answer to the bench warrant of arrest and information filed in the case. If the arrested person was brought to such a facility, he or she shall be given the opportunity to contact private counsel or the public defender. If the arrested person is not released because of his or her failure to enter into the conditions of release fixed by the judicial authority, or if he or she has been arrested for an offense that is not bailable, the arrested person shall be presented before a judicial authority pursuant to Section 37-1.

(b) When any person is arrested on a bench warrant of arrest issued by a judicial authority, in which the judicial authority has not indicated that bail should be denied, or has not ordered that the officer making such arrest bring such person before the clerk, the officer making the arrest shall, without undue delay, comply with the provisions of Sections 38-2 and 38-3 in setting the conditions of release for such person.

Committee Notes

(P.B. 1978-1997, Sec. 654.) (Amended June 15, 2018, to