CT · rules
Conn. Practice Book § 37-12
Defendant in Custody; Determination of Probable Cause
(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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