Bail requirements change bill advances

Connecticut voters would decide whether to change the state’s constitutional rules on criminal bail under a resolution approved along party lines Tuesday in a key legislative committee.

Minority Republicans opposed the resolution, which likely would reach the statewide ballot in 2026 and, if approved by voters, would allow the General Assembly to pass laws on issues around the granting or denying pretrial release.

State Rep. Matt Blumenthal, D-Stamford, co-chairman of the Government Administration & Elections Committee, introduced the bill to the committee and led the debate during a short, 10-minute meeting on the resolution, which originated in the Judiciary Committee. He said the proposal is about equity for low-income defendants and accountability for wealthy defendants.

Blumenthal noted that currently, the state Constitution provides for an “absolute” right to bail, except for so-called capital crimes, which no longer exist in state statutes.

“No matter how dangerous an individual is, no matter how great a flight risk, if they have sufficient funds, they can go free pending trial,” Blumenthal said after the committee meeting, “No matter how unrisky an individual is on those points, if they lack resources they do not get pretrial release. The idea is to make the system safer. Currently, if they have sufficient resources, no matter how dangerous, they could go free.”

During the meeting, Blumenthal said that the resolution could set the scene for the denial of bail if a judge finds that no pretrial release condition would reasonably assure that the accused would appear in court when required; that their freedom could threaten the safety of others; or prevent the accused from obstructing or preventing the criminal prosecution process.

Conservative Republican Rob Sampson of Wolcott, who led GOP criticism of the bill, said that while he was “sympathetic” to the issue, he charged that it’s another move in a more-than-decade-long, soft-on-crime Democratic campaign. He acknowledged a disparity between the wealthy and poor on the issue of bail.

He noted, however, that under the resolution, if approved by statewide voters, the writing of the actual law would come back to the legislature. He likened that to his opposition to the early-voting question overwhelmingly approved by voters last November that legislators are drafting now. Sampson focused on the issue of “appropriate implementing legislation” in the resolution.

“What concerns me is, looking at states like New York and New Jersey that have adopted similar policies and how the Democrat majorities in those states have used those as an opportunity to make a statement on racial justice, make a statement on equity, rather than a concern about equal application of the law or even equal civilright protections,” Sampson said. “It’s all been about making a political statement. And Connecticut, I am afraid, is no stranger to political statements by the majority on the subject of crime.”

Sampson pointed to a variety of legislative efforts that “undermines” the criminal justice system, including risk-reduction credits, early release of violent felons and the socalled second-chance society. “Everyone knows that Connecticut has somewhat of a revolving-door criminal justice system and I worry that if we enact something that may be well-intended, it’s going to be co-opted for political purposes,” he said.

“Crime is not down in Connecticut, You can ask any one of your constituents,” said Sampson, a top Republican on the panel. “They will tell you that they are more concerned than ever about crime. Car thefts, catalytic converter thefts. People living in Connecticut right now are recognizing that our criminal justice system is not as strong as it was maybe 10 years ago.”

Crime data issued in December indicated that violent crime in 2021 was down 43%since 2012 and reported property crime — mostly burglaries — fell by 29% during that 10-year period. Murders and sexual assaults rose in 2021.

Blumenthal, in the postmeeting phone interview, stressed that Connecticut is one of the safest states in the nation. “Crime, violent crime especially, is at historic lows,” Blumenthal said. “Over the last 10 years we have sharply reduced the prison population, introduced the rehabilitation of offenders, and reduced the costs to the taxpayers of imprisoning people.” The reductions have resulted in the closure of state prisons.

Proponents of the legislation, which next heads to the state House of Representatives, stress that bail provisions have become outdated because of a nowobsolete section of the Constitution that says bail can be denied for capital offenses in limited circumstances.