How bail is set in Connecticut: What factors are considered and who sets the bail
You've heard the phrase: "Bail is set at X dollars." What does that mean and who sets it?
The Judicial Branch Court Support Services Division pretrial staff use specific factors to decide what type and how much bail should be posted. These factors are called weighted release criteria and are required by State Statutes.
Per CT Statutes, the weighted release criteria are the nature and circumstances of the offense, the defendant's record of previous convictions (if any), the defendant's past record of appearance in court after being admitted to bail (if any), the defendant's family ties, the defendant's employment record, the defendant's financial resources, the defendant's character and mental condition as well as the defendant's community ties.
New London State's Attorney Paul Narducci said if a person is arrested on a warrant, their bail amount will be set on the warrant, usually by the judge.
"The judge can choose not to set bond or bail at that particular point in time and then leave it up to the discretion of the police and the police set bail until the person appears before court for the first time and then that issue is revisited," Narducci said. "Or, if it's an arrest by warrant, the judge can set bail on the warrant itself."
If someone is arrested at the scene of the crime, Narducci said the police will set bail as well as the conditions of release. The conditions of release can be anything from a written promise to appear in court or their bail amount.
If a person who was arrested on site cannot make bail, then the bail amount can be lowered by a bail commissioner. The defendant then appears in court and the issue of bail is addressed by the court.
In court, the bail commissioner makes a recommendation regarding the defendant's bond amount. At that time, both the State's Attorney's Office and the Public Defender's Office let the costs for their services be known and the judge sets the conditions of release.
"Sometimes that is just a promise to appear," Narducci said regarding the conditions of release. "Other times, it's a financial amount."
Narducci said defendants can be released on their own recognizance for misdemeanor crimes. Exceptions include family violence cases and instances in which a defendant has expressed their intent not to return to court.
A defendant is subject to additional penalties if they commit a crime while out on bail. The penalties depend on the nature of the crime.
"If it's a narcotic trafficking crime vs. a possession crime, that would be a factor that the court will probably take into consideration," Narducci said. "If the judge put a condition that the person refrain from any drugs, not only would he be committing a crime, but he'd also be violating the conditions of release and that might factor in."
Narducci noted that many people do not know the difference between bail and bond.
'There may be a difference without a distinction or a distinction without a difference,' Narducci said. 'They are treated pretty much interchangeably.'
According to the Judicial Branch website, bail is the amount of money defendants must post to be released from custody while awaiting trial. The Judicial Branch states that 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 a bail bond company if a defendant cannot pay the bail in its entirety, according to the Judicial Branch website.
Narducci said that common terms and conditions for bonds are anything reasonably related to the underlying alleged offense.
"For example, if it's a domestic violence type of matter, there could be a condition that you not threaten, harass or assault the particular victim," Narducci said. "There may be a condition that you stay away from the victim's residence or place of work."
This article originally appeared on The Bulletin: How bail is set in Connecticut - a look at the judicial process
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