Connecticut Criminal Defense Lawyers Association More than 20 years In the Defense of Liberty

This bill gives unprecedented authority to local and state police officers to issue protective orders that now requires the approval of a judge or bail commissioner. Violating such an order is, itself, a felony, which can result in imprisonment for five years. While setting conditions of release after arrest is ordinarily a judicial function that triggers the protection of absolute immunity when set by a judge, a police officer’s authority pursuant to Conn. Gen. Stat. § 54-63c to set bail and other conditions of release is deliberately limited and should not be extended to give the same power as a judge.