Bail FAQs - Connecticut Judicial Branch

Pretrial

Frequently Asked Questions

CSSD Bail and the purpose of Bail

1. What is bail?
2. When is bail set?
3. How is bail posted?
4. When does a person get their bail money back if it is posted all in cash or as a 10% option?

The role of CSSD-Pretrial Services Staff when someone is arrested and detained

5. How is bail determined by CSSD-Pretrial Staff?
6. Pursuant to 54-63b the Weighted Release Criteria are:
7. Who is interviewed by Pretrial Staff?
8. What is the Jail Re-interview Program?

Pre-trial Conditions of Release

9. What are some typical Conditions of Release?
10. What happens if a client does not obey their conditions of release?

Court Appearances

11. Can a client leave the state if they post bail?
12. What happens if the client misses Court?
13. What happens if the Court issues a Failure to Appear Warrant?

Pre-trial Diversionary Programs

14. What is the Impaired Driving Intervention Program (IDIP)?
15. How does a person successfully finish the Impaired Driving Intervention Program?
16. What is the Drug Intervention and Community Service Program (DICSP)?
17. What is required for completion of the Pretrial Drug Intervention and Community Service Program?
18. What is the School Violence Prevention Program?
19. What is required to complete the School Violence Prevention Program?
20. What is the Under 21 Motor Vehicle / Underage Drinking Program?
21. What is required to complete the Under 21 Motor Vehicle / Underage Drinking Program?

Bail and the purpose of Bail

1. What is Bail?

• Bail is the amount of money clients must post to be released from custody while awaiting trial.
• The amount is set by Police, Pretrial Services staff, or Judges to make sure that a person goes to court or returns to court if they are released after they have been arrested.
• A bond is posted on behalf of a defendant by an approved bonding agent if a defendant cannot pay the bail in its entirety (cash).

2. When is Bail set?

• Police set a Bail amount at the time of arrest.
• By law police are required to notify Bail Staff when a defendant cannot make the bond amount set by the police.
• Pretrial Services Staff will then conduct an interview to get personal information from the client and review the bond amount set by police.
• Pretrial Services Staff can increase or decrease the amount set by police.

3. How is bail posted?

• In order to post Bail, a person can either post the full cash value, a ten percent cash option, or contact a licensed Bondsperson who may post a person’s bail for a non-refundable fee.
• Bail may be posted at a Police department where a client is locked up, at a courthouse, or at the Department of Corrections Facility where the client is being held.

10% Cash Bail Option for Bonds of $20,000 or Less:

• The Connecticut Judicial Branch has revised the rules regarding the bond process. As of January 1, 2020, a ten percent cash option is automatically available for any bail set for $20,000 or less. This provision applies to bail set at court as well as at police departments.
• There are some exceptions to the new rule:
• A judge can order that the 10% cash option does not apply.
• A judge can also order that, in certain cases, the 10% option does apply.
• If a bond previously posted is increased (or decreased), and the new total amount of the bond is $20,000 or less, the 10% cash option does apply.
• If the total amount of the bond is increased to more than $20,000, the 10% cash option does not apply.

4. When does a person get their bail money back if it is posted all in cash or as a 10% option?

• When a diversionary program is granted for the client.
• If the client is acquitted.
• If the complaint or information filed against the client is dismissed.
• When the client is sentenced by the court.

The role of CSSD-Pretrial Services Staff when someone is arrested and detained

5. How is Bail determined by CSSD-Pretrial Staff? Pretrial Staff use specific factors to decide what type and how much bail should be posted. These factors are called "weighted release criteria" and they are required by State Statutes. 6. Pursuant to 54-63b the Weighted Release Criteria are:

• The nature and circumstances of the offense
• The client's record of previous convictions
• The client's past record of appearance in court after being admitted to bail
• The client's family ties
• The client's employment record
• The client's financial resources
• The client’s character and mental condition
• The client's community ties

7. Who is interviewed by Pretrial Staff? All clients in custody have the right to be interviewed by pretrial services staff. The outcome of such interviews is determined by whether the client’s bail was initially assessed by police or on a warrant signed by a judge. 8. What is the Jail Re-interview Program? It is a program to help pre-trial clients who have not posted bond. As a result of a re-interview, the amount of the bail or the conditions of release may be changed. The Jail Re-interview Staff may also refer clients for treatment.Top

Pre-trial Conditions of Release

9. What are some typical Conditions of Release? Pretrial Services staff and the Court may impose nonfinancial conditions of release, which may require that the arrested person do any of the following:

• Remain under the supervision of a designated person or organization;
• Comply with restrictions on the client's travel, people they associate with or where they live;
• Not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or controlled substance;
• Avoid all contact with an alleged victim of the crime and with a potential witness who may testify about the offense; or
• Satisfy any other condition that is reasonably necessary to assure that the client comes to court.

10. What happens if a person does not obey their conditions of release? If a client does not obey their conditions of release, they can be charged with a new crime or their bond can be modified or revoked by the court and a new bond imposed.Top

Court Appearances

11. Can a client leave the state if they post Bail? Unless the Court or Pretrial Services orders that the client stay in the state, that client may leave as long as they return to appear in court. 12. What happens if the client misses Court? The Judge may order a failure to appear warrant for the client’s arrest or the Judge may order a Bail Commissioner’s Letter be issued that will be sent to the client with a new court date. 13. What happens if the Court issues a Failure to Appear Warrant? The client should contact their attorney or the Court and ask what to do.

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Pre-trial Diversionary Programs

14. What is the Impaired Driving Intervention Program (IDIP)?

• IDIP is available for certain clients who are charged with driving a motor vehicle or a boat under the influence of alcohol or drugs.
• IDIP gives eligible clients the chance to get alcohol education or substance abuse treatment without going to trial.
• Clients who want to participate in the IDIP must meet eligibility requirements.
• If the program is successfully finished, the charge is dismissed.

15. How does a person successfully finish the Impaired Driving Intervention Program?

• To successfully finish the Impaired Driving Intervention Program, clients must complete the identified component; either 12-session drug education component or the substance use treatment component of at least 15 sessions.
• Clients must also complete any conditions that the court may impose, i.e. Victim Impact Panel.

16. What is the Drug Intervention and Community Service Program (DICSP)?

• DICSP is available for clients who are charged with violating certain drug possession or drug paraphernalia laws.
• DICSP gives eligible clients a chance to get education or substance abuse treatment and do community service instead of going to trial.
• Clients who want to participate in the DICSP must meet eligibility requirements.
• If the program is successfully completed, the criminal charges are dismissed.

17. What is required for completion of the Pretrial Drug Intervention and Community Service Program?

• To successfully finish the Drug Intervention and Community Service Program, clients must complete the identified component; either 12-session drug education component or the substance use treatment component of at least 15 sessions.
• In addition to the education classes, clients must perform community service and any other conditions that the court may order.

18. What is the School Violence Prevention Program? It is a program for clients charged with an offense involving the use or threatened use of physical violence in or on the property of a public or private elementary or secondary school or at a school-sponsored activity. 19. What is required to complete the School Violence Prevention Program? The school violence program consists of at least 8 group counseling sessions in anger management and nonviolent conflict resolution. If the program is successfully finished, the criminal charges are dismissed. 20. What is the Under 21 Motor Vehicle / Underage Drinking Program? The Under 21 Motor Vehicle/Underage Drinking Program allows certain clients who are charged with certain motor vehicle and underage drinking violations, and who were under the age of 21 at the time of their offense, to attend an educational program instead of paying the fine or going to trial for the offense. 21. What is required to complete the Under 21 Motor Vehicle / Underage Drinking Program? If eligible, the client will take part in a nonconfrontational forum run by a non-profit organization that advocates on behalf of victims of accidents caused by people who operated motor vehicles while under the influence of alcohol, drugs, or both. If the program is successfully finished, the criminal charges are dismissed.

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