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Conn. Practice Book § 37-12

Defendant in Custody; Determination of Probable Cause

activein force · 2010-01-01 – presentact-effective-date

(a) If a defendant has been arrested without a

warrant and has not been released from custody

by the time of the arraignment or is not released

at the arraignment pursuant to Section 38-4, the

judicial authority shall, unless waived by the defendant, make an independent determination as to

whether there is probable cause for believing that

the offense charged has been committed by the

defendant. Unless such a defendant is released

sooner, such probable cause determination shall

be made no later than forty-eight hours following

the defendant’s arrest. Such determination shall

be made in a nonadversary proceeding, which

may be ex parte based on affidavits. If no such

probable cause is found, the judicial authority shall

release the defendant from custody.

(b) At the time the judicial authority makes its

probable cause determination pursuant to sub-section (a), the judicial authority may, on its own

motion or upon written request of any party and

for good cause shown, order that any affidavits

submitted in support of a finding of probable cause,

including any police reports, be sealed from public

inspection or that disclosure be limited under such

terms and conditions as it finds reasonable, sub -

ject to the further order of any judicial authority

thereafter having jurisdiction of the matter. If such

a request has been granted, the moving party

may have up to seven days to make a recommendation as to the details of the sealing order. If no

such recommendation is made within that time

period, the supporting affidavits shall be made

public. No such order shall limit their disclosure

to the attorney for the accused, but the judicial

authority may place reasonable restrictions on the

further disclosure of the contents of the affidavits

by the attorney for the accused and the prosecuting authority.

(c) Any order sealing such affidavits from public

inspection or limiting their disclosure shall be for

a specific period of time, not to exceed two weeks

from the date of the court’s probable cause determination, and within that time period the party who

obtained the order may, by written motion, seek

an extension of the period. The original order of

the court sealing such affidavits or limiting their

disclosure shall remain in effect until the court

issues an order on the motion. Affidavits which

are the subject of such an order shall remain in

the custody of the clerk’s office but shall be kept

in a secure location apart from the remainder of

the file as long as the order is in effect.

(d) Unless the judicial authority entered an order

limiting disclosure of the affidavits submitted to the

judicial authority in support of a finding of probable

cause, whether or not probable cause has been

found, all such affidavits, including any police

reports, shall be made part of the court file and

be open to public inspection and copying, and

the clerk shall provide copies to any person upon

receipt of any applicable fee.

History

(P.B. 1978-1997, Sec. 650.) (Amended June 29, 2007, to take effect Jan. 1, 2008; amended June 22, 2009, to take effect Jan. 1, 2010.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
da995f6a0cb5cba95c3f0d107316a89aa809a1bc119f4081ebe065f815718d65
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