A resolution that would propose changes to bail requirements in Connecticut’s constitution is one step closer to voters. The resolution, which would allow a court to deny pretrial release to accused criminal defendants if certain conditions were present, was voted out of the Committee on Government Administration and Elections (GAE) on April 23.
Connecticut’s constitution currently prohibits the denial of bail to criminal defendants except in certain cases relating to capital offenses, an exception that is now obsolete. The proposed resolution would ask voters whether they wanted to amend the state constitution to allow pretrial release on bail to be denied if a court found there were no pretrial release conditions that would reasonably assure the defendant would appear in court, protect the safety of the community or others, or prevent the defendant from obstructing the criminal justice process.
The resolution would also give the legislature authority to set laws, procedures, terms, and conditions for defendants to be eligible for pretrial release.
The resolution was previously voted out of the Judiciary Committee and placed on the House calendar before it was referred to the GAE Committee, which has jurisdiction over resolutions.
Sen. Matt Blumenthal, D-Stamford, said of the resolution during the GAE meeting that the policy behind the resolution applied to the state’s constitutional right to bail. He said there is inequality in the inability of some defendants’ inability to obtain pretrial release based on whether they can afford bail and in the government’s inability to address the release of dangerous defendants. He added that changing the provision would allow the state to legislate on the matter and provide means for judges to make determinations.
Sen. Rob Sampson, R-Wolcott, spoke in opposition to the bill, stating that he had seen similar legislation in other states result in a negative outcome, with “more criminals already on the streets.”
Sampson added that his concern with the bill was twofold. He said that he did not believe the constitution should be changed without good reason, and did not see the elimination of bail as a good reason, and that he did not trust the part of the resolution that would give the general assembly power to set regulations for pretrial release. Sampson said he had watched the current legislative majority pass legislation that has undermined the rule of law and led to a crime wave over the past decade. He stated that he had “every reason to believe” the majority would “find a way to be even softer on crime” if the resolution were to pass.
Public testimony on the resolution by groups involved in the justice system was largely opposed to its passage. The Connecticut Criminal Defense Lawyers Association, Office of the Chief Public Defender, and Division of Criminal Justice opposed the resolution. Patrick Griffin, the chief state’s attorney, said the amendment was premature because there is no consensus on a structure that would oppose the existing bail system.
Testimony submitted on behalf of the Connecticut Criminal Defense Lawyers Association raised concern that the resolution would allow the legislature to limit judicial discretion in setting bail conditions and would undermine the separation of powers outlined in the state constitution.
Griffin, Deborah Sullivan of the Chief Public Defender’s office, and Alex Tsarkov of the Connecticut Sentencing Commission all noted in their testimonies that the commission previously released a report on the subject and discussions on updating the state’s bail process are ongoing. Sullivan argued passing the resolution would be premature and could have detrimental impacts on indigent clients.
If passed by a three-fourths vote in both legislative chambers, it would appear before voters on the 2024 general election ballot. If the resolution passes at a lower vote threshold, it will be referred to the legislature’s 2025 session and could potentially appear on the 2026 general election ballot.
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