Conn. Practice Book § 38-2

or Probation Officer Serving Warrant

(a) Except in cases of arrest pursuant to a warrant in which the judicial authority 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, when any

person is taken into custody for a bailable offense

that person shall be brought promptly to a police

station or other lawful place of detention, where,

as quickly as possible under the circumstances,

he or she shall be informed or warned in writing of his or her rights under Section 37-3 and

in Release Decision [Repealed]

of Bail

or Sentencing

of his or her right to be interviewed concerning

the terms and conditions of release. Unless the

arrested person waives or refuses such interview,

a law enforcement officer or a probation officer

serving a violation of probation warrant shall

promptly interview that person to obtain information relevant to the terms and conditions of his or

her release from custody and shall seek independent verification of such information where necessary. At the request of the arrested person, his or

her counsel may be present during such interview.

No statement made by the arrested person in

response to any question during the interview

related to the terms and conditions of release shall

be admissible as evidence against the arrested

person in any proceeding arising from the incident for which the conditions of release were set.

After such a waiver, refusal or interview, the law

enforcement officer or probation officer shall

promptly order release of the arrested person

upon his or her execution of a written promise

to appear or his or her posting of a bond with or

without surety in such amount as may be set by

such officer, except that no condition of release

set by the judicial authority may be modified by

such officer, and no person shall be released upon

the execution of a written promise to appear or

the posting of a bond without surety if the person

is charged with a family violence crime and, in the

commission of such crime, the person used or

threatened the use of a firearm. If the arrested

person has not posted bail, the officer shall immediately notify a bail commissioner. The officer may

administer such oaths as are necessary in the

taking of promises or bonds.

(b) If the arrested person is charged with a family violence crime, and the police officer or probation officer does not intend to impose nonfinancial

conditions of release pursuant to this subsection,

the police officer or probation officer shall promptly

order the release of such person pursuant to the

procedure set forth in subsection (a) of this sec -

tion. If the arrested person is not so released, the

officer shall make reasonable efforts to contact

a bail commissioner or an intake, assessment and

referral specialist immediately. If, after making

such reasonable efforts, the officer is unable to

contact a bail commissioner or an intake, assessment and referral specialist, or the officer makes

contact, but the bail commissioner or intake,

assessment and referral specialist is unavailable

promptly to perform his or her duties pursuant to

Section 38-3, the officer shall order the release

of the arrested person pursuant to the procedure

set forth in subsection (a) of this section, and may

impose nonfinancial conditions of release, which

may require the arrested person to do one or more

of the following:

(1) Avoid all contact with the alleged victim of

the crime;

(2) Comply with specified restrictions on his or

her travel, association, or place of abode that are

directly related to the protection of the alleged

victim of the crime;

(3) Not use or possess a dangerous weapon,

intoxicant or controlled substance.

Any nonfinancial conditions of release imposed

pursuant to this subsection shall remain in effect

until the arrested person is presented before the

Superior Court. On such date, the judicial authority shall conduct a hearing pursuant to General

Statutes § 46b-38c, at which the arrested person

is entitled to be heard with respect to the issuance

of a protective order.

An officer imposing nonfinancial conditions of

release shall, on a form prescribed by the Office

of the Chief Court Administrator, indicate such

conditions and state and swear to:

(1) The efforts that were made to contact a

bail commissioner;

(2) The specific factual basis relied upon by the

officer to impose the nonfinancial conditions of

release; and

(3) If the arrested person was non-English

speaking, that the services of a translation service

or interpreter were used.

A copy of this form shall be provided to the

arrested person immediately, and a copy of this

form shall also be provided to counsel for the

arrested person at arraignment.

(c) No officer shall set the terms and conditions

of an arrested person’s release, set a bond for an

arrested person, or release an arrested person

from custody under this section unless the officer

has first checked the National Crime Information

Center (NCIC) computerized index of criminal justice information to determine if the arrested person

is listed in the index.