US Laws, Codes, Statutes & Cases

      Sec. 54-65. Procedure when principal intends to abscond. Any surety in a recognizance in criminal proceedings, who believes that his principal intends to abscond, shall apply to a judge of the Superior Court, produce his bail bond or evidence of his being a surety, and verify the reason of his application by oath or otherwise. Thereupon, the judge shall immediately grant a mittimus, directed to a proper officer or indifferent person, commanding him immediately to arrest the principal and commit him to a community correctional center. The Community Correctional Center Administrator shall receive the principal and retain him 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 his bond or recognizance.

      (1949 Rev., S. 8780; P.A. 81-410, S. 12; P.A. 90-288, 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.

      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. Dissent held statute was unconstitutional as violative of due process clauses of state and federal constitutions. 175 C. 147, 152-154. Cited. Id., 149, 150. Has no application to facts of case. 199 C. 537, 541, 546, 547.