The state of Connecticut has established statute to define and punish violation of probation. So, if interested in viewing all of these statutes, you can search “violation of probation” here. Also, you can view some of the most popular statutes reproduced below for your convenience.
Notification of Outstanding Rearrest Warrants and VOP Warrants
Sec. 4-68q. Notification of outstanding rearrest warrants and arrest warrants for probation violations. Not later than the fifteenth day of the first month after the Office of Policy and Management obtains access to data on outstanding rearrest warrants and arrest warrants for violation of probation, and not later than the fifteenth day of each month thereafter, the undersecretary of the Criminal Justice Policy and Planning Division within said office shall notify the chief elected official of each municipality of the number of rearrest warrants and arrest warrants for outstanding violation of probation issued for persons residing in that municipality.
Violation of Probation
Violation of probation or conditional discharge. Notice to victim or victim advocate. Arrest. Pretrial release conditions and supervision. Hearing. Disposition.
At any time during the period of probation or conditional discharge, the court or any judge thereof may issue a warrant for the arrest of a defendant. Also, this can get issued for violation of any of the conditions of probation or conditional discharge. Or, the court may issue a notice to appear to answer to a charge of such violation. This notice shall get personally served upon the defendant. In addition, any such warrant shall authorize all officers named therein to return the defendant to the custody of the court. Or, it authorizes them to any suitable detention facility designated by the court.
Whenever a probation officer has probable cause to believe that a person has violated a condition of such person’s probation, such probation officer may notify any police officer that such person has, in such officer’s judgment, violated the conditions of such person’s probation. Also, notice shall be sufficient warrant for the police officer to arrest such person. They can return such person to the custody of the court. Or, they can go to any suitable detention facility designated by the court. Whenever a probation officer so notifies a police officer, the probation officer shall notify the victim of the offense for which such person is on probation. Also, any victim advocate assigned to assist the victim, provided the probation officer has the name and contact information for such victim or victim advocate.
Any probation officer may arrest any defendant on probation without a warrant. They can also deputize any other officer with power to arrest to do so. This happens by giving such other officer a written statement. The statement sets forth that the defendant has violated the conditions of the defendant’s probation. Such written statement shall be sufficient warrant for the detention of the defendant. It gets delivered with the defendant by the arresting officer. It goes to the official in charge of any correctional center or other place of detention.
After making such an arrest, such probation officer shall present to the detaining authorities a similar statement. The statement discusses the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall apply to any defendant arrested under the provisions of this section. Upon such arrest and detention, the probation officer shall immediately notify the judge or court.
When the defendant gets presented for arraignment on the charge of violation of any of the conditions of probation or conditional discharge, the court shall review any conditions previously imposed on the defendant. Also, they may order, as a condition of the pretrial release of the defendant, that the defendant comply with any or all of such conditions. This happens in addition to any conditions imposed pursuant to section 54-64a. Unless the court, pursuant to subsection (c) of section 54-64a, orders that the defendant remain under the supervision of a probation officer or other designated person or organization, the defendant shall get supervised by the Court Support Services Division of the Judicial Branch in accordance with subsection (a) of section 54-63b.
Upon notification by the probation officer of the arrest of the defendant or upon an arrest by warrant as herein provided, the court shall cause the defendant to go before it without unnecessary delay for a hearing on the violation charges. At such hearing the defendant shall be informed of the manner in which such defendant is alleged to have violated the conditions of such defendant’s probation or conditional discharge, shall be advised by the court that such defendant has the right to retain counsel and, if indigent, shall be entitled to the services of the public defender, and shall have the right to cross-examine witnesses and to present evidence in such defendant’s own behalf.
A charge of violation of any of the conditions of probation or conditional discharge shall be disposed of or scheduled for a hearing. This happens unless good cause is shown. The hearing takes place not later than one hundred twenty days after the defendant gets arraigned on such charge.
If such violation is established, the court may: (1) Continue the sentence of probation or conditional discharge; (2) modify or enlarge the conditions of probation or conditional discharge; (3) extend the period of probation or conditional discharge. This happens provided the original period with any extensions shall not exceed the periods authorized by section 53a-29; or (4) revoke the sentence of probation or conditional discharge.
If such sentence is revoked, the court shall require the defendant to serve the sentence imposed. Or, they can impose any lesser sentence. Any such lesser sentence may include a term of imprisonment, all or a portion of which may get suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.