Before we review HJR 261 resolution eliminates the right to bail under a proposed amendment to the Constitution, let’s understand that changes to our Constitution happen only if it passes each house of the General Assembly with a three-fourths majority of the votes cast, the amendment is then submitted to the voters in the next even-numbered year’s general election.

This radical idea conveys a direct attack on your Constitutional right to bail and the ability to keep the accused accountable to the courts. In simple words, HJR 261 resolution eliminates the right to bail. Let’s learn more about the proposed changes and what this all means for Connecticut residents.

Quick Background on Our Current Constitution

The current Constitution was adopted in 1965 and has been amended 31 times. The Constitution was amended with respect to the rights of the accused and the rights of crime victims in 1996 and was adopted on November 27, after a popular vote of 656,223 in favor and 179,882 against.

The last amendment to the Constitution happened in 2008 allowing pre-registered electors who have not yet attained 18 years of age the right to vote in primary elections.

What Are the Proposed Changes With House Joint Resolution 261 to the Current Constitution?

See below the language of the Current Constitution article Twenty-nine.

CONSTITUTION OF THE STATE OF CONNECTICUT

ARTICLE XXIX. (Article Twenty-nine)

Adopted November 27, 1996.

1.In all Criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his behalf; to be released on bail upon sufficient security, except in capital offenses, where the proof is evident or the presumption great; and in all prosecutions by information, to a speedy, public trial by an impartial jury.

No person shall be compelled to give evidence against himself, nor be deprived of life, liberty or property without due process of law, nor shall excessive bail be required nor excessive fines imposed. No person shall be held to answer for any crime, punishable by death or life imprisonment, unless upon probable cause shown at a hearing in accordance with procedures prescribed by law, except in the armed forces, or in the militia when in actual service in time of war or public danger.

2. In all criminal prosecutions, a victim, as the general assembly may define by law, shall have the following rights:

(1) the right to be treated with fairness and respect throughout the criminal justice process; (2) the right to timely disposition of the case following arrest of the accused, provided no right of the accused is abridged; (3) the right to be reasonably protected from the accused throughout the criminal justice process; (4) the right to notification of court proceedings; (5) the right to attend the trial and all other court proceedings the accused has the right to attend, unless such person is to testify and the court determines that such person’s testimony would be materially affected if such person hears other testimony;

(6) the right to communicate with the prosecution; (7) the right to object to or support any plea agreement entered into by the accused and the prosecution and to make a statement to the court prior to the acceptance by the court of the plea of guilty or nolo contendere by the accused; (8) the right to make a statement to the court at sentencing; (9) the right to restitution which shall be enforceable in the same manner as any other cause of action or as otherwise provided by law; and

(10) the right to information about the arrest, conviction, sentence, imprisonment and release of the accused. The general assembly shall provide by law for the enforcement of this subsection. Nothing in this subsection or in any law enacted pursuant to this subsection shall be construed as creating a basis for vacating a conviction or ground for appellate relief in any criminal case.

Proposed HJR 261 Resolution Eliminates the Right to Bail

RESOLUTION PROPOSING AN AMENDMENT TO THE STATE CONSTITUTION TO REVISE REQUIREMENTS RELATING TO THE OFFERING OF BAIL OR PRETRIAL RELEASE TO PERSONS ACCUSED OF A CRIME.

HJ261 File No. 549 HJ261 (proposed amendment)

The accused shall be eligible for pretrial release, except the court may deny pretrial release to the accused if the court finds no conditions of pretrial release reasonably assure the appearance of the accused in court when required, or protect the safety of any other person or the community, or prevent the accused from obstructing or attempting to obstruct the criminal justice process. The general assembly may provide by law procedures, terms and conditions applicable to pretrial release and the denial thereof.

OLR Bill Analysis HJ 261

RESOLUTION PROPOSING AN AMENDMENT TO THE STATE CONSTITUTION TO REVISE REQUIREMENTS RELATING TO THE OFFERING OF BAIL OR PRETRIAL RELEASE TO PERSONS ACCUSED OF A CRIME.

SUMMARY

The Connecticut Constitution currently prohibits accused criminal defendants from being denied bail.

This resolution, if passed, would amend the constitution to allow the court to hold arrested people in pretrial detention without bail when it finds that no pretrial release conditions (1) reasonably assure that the accused will appear in court when required, (2) protect the safety of others or the community, or (3) prevent the accused from obstructing or attempting to obstruct the criminal justice process.

The amendment also expressly authorizes the legislature to pass laws governing the procedures, terms, and conditions for granting or denying pretrial release.

As under the federal constitution, the state constitution, unchanged by the amendment, prohibits excessive bail. (see full analysis)

Again, HJR 261 resolution eliminates the right to bail, a Constitutional right stipulated in the Eighth Amendment, in part, it provides constitutional protection against excessive bail.