A court shall vacate an order forfeiting a bail bond and release the professional bondsman, as defined in section 29-144, or the surety bail bond agent and the insurer, as both terms are defined in section 38a-660, if (1) the principal on the bail bond (A) is detained or incarcerated (i) in another state, territory or country, or (ii) by a federal agency, or (B) has been removed by United States Immigration and Customs Enforcement, and (2) the professional bondsman, the surety bail bond agent or the insurer provides satisfactory proof of such detention, incarceration or removal to the court and the state's attorney prosecuting the case, and (3) the state's attorney prosecuting the case declines to seek extradition of the principal.
(P.A. 11-45, S. 24; P.A. 14-184, S. 4.)
History: P.A. 14-184 amended Subdiv. (1) by designating existing provision re principal detained or incarcerated as Subpara. (A), adding “or (ii) by a federal agency” therein, and adding Subpara. (B) re removal by United States Immigration and Customs Enforcement, amended Subdiv. (2) to add “satisfactory” re proof and add reference to removal, and made technical changes.
Plain language of section, as read in connection with other statutes, demonstrates that legislature intended “detained” to require governmental action, i.e., custody by a governmental entity. 323 C. 629.
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