Sec. 6-35. Failure by state marshal to pay money collected within required time.
Sec. 6-38. Number of state marshals.
Sec. 6-38a. State marshal. Authority to provide legal execution and service of process.
Sec. 6-38d. Impermissible acts by state marshal.
Sec. 6-38e. Review and audit of records and accounts of state marshals by State Marshal Commission.
Sec. 6-38n. Application by high sheriff for appointment as state marshal.
Sec. 6-39. Bond of state marshal.
Sec. 6-30a. Personal liability insurance. Indemnification of state marshal for injury occurring while transporting person in custody in a private motor vehicle. (a) Each state marshal shall carry personal liability insurance for damages caused by reason of such state marshal's tortious acts in not less than the following amounts: (1) For damages caused to any one person or to the property of any one person, two hundred fifty thousand dollars; and (2) for damages caused to more than one person or to the property of more than one person, five hundred thousand dollars. On and after January 1, 2026, when renewing a personal liability insurance policy, such personal liability insurance shall be a policy with a renewal date and a term of coverage commencing on October first of each year and extending through September thirtieth of the following year. For the purpose of this subsection, “tortious act” means negligent acts, errors or omissions for which a state marshal may become legally obligated to any damages for false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, libel, slander, defamation of character, violation of property rights or assault and battery if committed while making or attempting to make an arrest or against a person under arrest, but does not include any such act unless committed in the performance of the official duties of such state marshal.
(b) The state shall protect and save harmless any state marshal from financial loss and expense, including court costs and reasonable attorney's fees, arising out of any claim, demand or suit instituted against the state marshal for personal injury or injury to property by, or as a result of the actions of, any person who is lawfully taken into custody by the state marshal, pursuant to a capias issued by Support Enforcement Services of the Superior Court and directed to the state marshal, if such injury occurs when such person, while in such custody, is transported in a private motor vehicle operated by the state marshal. In the event a judgment is entered against the state marshal for a malicious, wanton or wilful act, the state marshal shall reimburse the state for any expenses incurred by the state in defending the state marshal and the state shall not be held liable to the state marshal for any financial loss or expense resulting from such act.
(P.A. 76-15; P.A. 00-99, S. 128, 154; P.A. 01-195, S. 7, 181; P.A. 07-69, S. 1; P.A. 25-78, S. 1.)
History: P.A. 00-99 replaced references to sheriff and deputy sheriff with state marshal, requiring state marshals to carry personal liability insurance for tortious acts, effective December 1, 2000; P.A. 01-195 made a technical change for purposes of gender neutrality, effective July 11, 2001; P.A. 07-69 designated existing provisions as Subsec. (a), made technical changes therein and added Subsec. (b) re indemnification of any state marshal for an injury occurring while transporting a person in custody in a private motor vehicle operated by the state marshal; P.A. 25-78 amended Subsec. (a) by deleting reference to “On and after December 1, 2000,”, amended Subsec. (a)(1) by substituting $250,000 for $100,000, amended Subsec. (a)(2) by substituting $500,000 for $300,000 and added provision re coverage period for personal liability insurance policy renewed on and after January 1, 2026.
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Sec. 6-35. Failure by state marshal to pay money collected within required time. A state marshal shall pay, to the person authorized to receive such payment, any money collected by such state marshal on behalf of or on account of such person not later than thirty calendar days from the date of collection of the money. Notwithstanding the provisions of this section, when any money collected by a state marshal on behalf of a person authorized to receive the payment is in the form of a personal check, the state marshal shall expeditiously deposit such check into the marshal's noninterest-bearing trustee account and payment to the person authorized to receive such check shall be not later than forty-five days after the date on which the personal check was collected. In addition, a state marshal and such person may agree to a different time frame for the payment of such money from the time frames prescribed in this section. A state marshal who fails to comply with the requirements of this section or any such agreement, as applicable, shall be liable to such person for the payment of interest on the money at the rate of five per cent per month from the date on which such state marshal received the money.
(1949 Rev., S. 454; P.A. 84-108, S. 2; P.A. 94-177, S. 3; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 12, 154; P.A. 03-224, S. 1; P.A. 25-78, S. 2.)
History: P.A. 84-108 revised section to provide that any sheriff or deputy sheriff who fails to pay over to authorized person money collected by him within 15 days, is liable for payment of interest of 5% from the date of receipt, replacing prior provisions wherein interest was set at 2%; P.A. 94-177 added requirement that sheriff or deputy sheriff pay over money collected by him within 90 days or upon collection of $1,000, whichever first occurs; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 changed sheriff or deputy sheriff to state marshal and changed 90 to 30 calendar days, effective December 1, 2000; P.A. 03-224 replaced provisions re failure to pay over money within 30 calendar days from the date of collection or upon collection of $1,000 with provisions re agreement to different time for paying over money and re failure to comply with requirements of section and made technical changes, effective July 2, 2003; P.A. 25-78 deleted provision that permitted withholding payment of money until collection of $1,000 or more, added provisions re money collected by state marshal in form of personal check and ability of such marshal and a person to agree to payment differing from time frames prescribed in section and made technical changes.
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Sec. 6-38. Number of state marshals. The number of state marshals to be appointed for Hartford County shall not exceed sixty-two; for New Haven County, fifty-five; for New London County, twenty; for Fairfield County, fifty-five; for Windham County, seven; for Litchfield County, thirteen; for Middlesex County, thirteen; for Tolland County, ten.
(1949 Rev., S. 457; 1951, 1955, S. 193d; 1959, P.A. 339; 656, S. 1; P.A. 75-535; P.A. 83-548, S. 2, 3; P.A. 87-552; P.A. 94-177, S. 4; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 9, 154; P.A. 25-78, S. 3.)
History: 1959 acts increased number of sheriffs for Hartford, New Haven, New London, Fairfield, Middlesex and Tolland counties; P.A. 75-535 changed maximum number of deputies from 45 to 55 in Hartford county, from 55 to 60 in New Haven county, from 28 to 38 in New London county, from 15 to 18 in Windham county, from 24 to 30 in Litchfield county, from 17 to 21 in Middlesex county and from 18 to 22 in Tolland county; P.A. 83-548 increased the number of deputy sheriffs for Hartford county from 55 to 60 and increased the number from 50 to 55 for Fairfield county; P.A. 87-552 increased the number of deputy sheriffs for Hartford county from 60 to 66; P.A. 94-177 increased number of deputy sheriffs from 66 to 72 for Hartford County and from 60 to 62 for New Haven County; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 changed reference to deputy sheriffs to state marshals and deleted provision that permitted sheriffs to appoint each other as deputy sheriffs and on special occasions to depute any proper person to execute process, effective April 27, 2000; P.A. 25-78 changed maximum number of state marshals from 72 to 62 for Hartford County, from 62 to 55 for New Haven County, from 38 to 20 for New London County, from 18 to 7 for Windham County, from 30 to 13 for Litchfield County, from 21 to 13 for Middlesex County and from 22 to 10 for Tolland County.
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Sec. 6-38a. State marshal. Authority to provide legal execution and service of process. (a) For the purposes of the general statutes, “state marshal” means a qualified deputy sheriff incumbent on June 30, 2000, under section 6-38 or appointed pursuant to section 6-38b who has authority and whose duty is to provide legal execution and service of process in the counties in this state pursuant to section 6-38 as an official who is exclusively compensated on a fee for service basis, which is determined, subject to any minimum or maximum rate established by the state, by agreement with an attorney, court or public agency requiring execution or service of process.
(b) Any state marshal, shall, in the performance of execution or service of process functions, have the right of entry on private property and no such person shall be personally liable for damage or injury, not wanton, reckless or malicious, caused by the discharge of such functions.
(P.A. 00-99, S. 7, 154; P.A. 03-224, S. 2; P.A. 25-78, S. 4.)
History: P.A. 00-99 effective December 1, 2000; P.A. 03-224 amended Subsec. (a) by adding “For the purposes of the general statutes”, effective July 2, 2003; P.A. 25-78 redefined “state marshal” in Subsec. (a).
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Sec. 6-38b. State Marshal Commission. Members. Regulations, policies and procedure. Duties. Appointment of state marshal commission to fill vacancy. Rules. (a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. Of the seven members appointed pursuant to subdivisions (2) and (3) of this subsection, no more than four of such members may be members of any state bar. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex-officio, nonvoting members of the commission.
(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.
(c) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.
(d) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.
(e) The commission, in consultation with the State Marshals Advisory Board, shall (1) adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements, residency requirements, minimum fees for execution and service of process, and for state marshals over the age of seventy-two, fitness for duty and annual certification requirements, and (2) implement policies and procedures to increase state marshal participation in the serving of capias mittimus orders. Such policies and procedures may require that at all times a certain minimum percentage of the overall number of state marshals be actively engaged in the service of capias mittimus orders. The costs of any fitness for duty certification adopted by the commission pursuant to this section shall be at the expense of the state marshal.
(f) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and ensure that such restraining orders are served expeditiously. Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (i) of this section.
(g) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant (1) who shall be an elector in the county where such vacancy occurs, and (2) whose permanent place of abode, domicile and residence is in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application, examination, bonding and investigation requirements of the commission.
(h) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000.
(i) No state marshal may be removed except by order of the commission for cause after due notice and hearing.
(j) The commission, in consultation with the Judicial Department, shall adopt rules as it deems necessary for conduct of its internal affairs, including, but not limited to, rules that provide for: (1) The provision of timely, consistent and reliable access to a state marshal for persons applying for a restraining order or civil protection order under chapter 815a; (2) the provision of services to persons with limited English proficiency; (3) the provision of services to persons who are deaf or hard of hearing; (4) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document; and (5) timely payment, as described in section 4a-71, from the Judicial Department to state marshals.
(k) The commission shall adopt regulations, in accordance with the provisions of chapter 54, for the application, examination, bonding and investigation requirements for filling vacancies in the position of state marshal.
(l) The commission shall issue not less than quarterly administrative bulletins to state marshals relating to topics concerning service of process and legal execution. The subject matter of topics contained in such bulletins shall include, but not be limited to: (1) Changes to state law affecting the duties of state marshals; (2) topics that refresh state marshals' knowledge in subject matter areas affecting their duties; (3) topics concerning the safety of state marshals; (4) topics concerning the professionalism of state marshals when interacting with the public; and (5) topics relating to the nature of complaints filed against state marshals with the State Marshal Commission.
(m) The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority.
(P.A. 00-99, S. 8, 154; June Sp. Sess. P.A. 01-9, S. 8, 131; P.A. 03-224, S. 3; Sept. Sp. Sess. P.A. 09-7, S. 31; P.A. 14-207, S. 2; P.A. 16-34, S. 2; P.A. 17-98, S. 1; 17-202, S. 4; 17-243, S. 1; P.A. 25-78, S. 5.)
History: P.A. 00-99 effective April 27, 2000; June Sp. Sess. P.A. 01-9 made a technical change in Subsec. (c), amended Subsec. (f) to delete expired provision and require the State Marshal Commission to adopt regulations to establish professional standards, added new Subsec. (g) re service of restraining orders, redesignated former Subsecs. (g) to (k) as Subsecs. (h) to (l), revised Subsec. (k) to require the commission to adopt regulations re filling vacancies, and revised Subsec. (1) to place the commission within the Department of Administrative Services for administrative purposes rather than within the Judicial Department, effective July 1, 2001; P.A. 03-224 amended Subsec. (i) by adding exception for any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000, effective July 2, 2003; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (l) to delete provision re commission within department for administrative purposes only and add provision re commission's independent decision-making authority, effective October 5, 2009; P.A. 14-207 amended Subsec. (a) to provide that no more than 4 members appointed under Subdivs. (2) and (3) may be members of any state bar, deleted former Subsec. (c) re limit on number of members that could be from same political party, redesignated existing Subsecs. (d) to (l) as Subsecs. (c) to (k) and made a technical change in redesignated Subsec. (f); P.A. 16-34 amended Subsec. (j) by replacing “may” with “shall”, adding Subdivs. (1) to (4) re adoption of rules and making conforming changes; P.A. 17-98 amended Subsec. (e) to designate provision re adopting regulations as Subdiv. (1) and add Subdiv. (2) re implementation of policies and procedures to increase state marshal participation in serving of capias mittimus orders, effective June 30, 2017; P.A. 17-202 amended Subsec. (j)(3) by replacing “hearing impaired” with “hard of hearing”; P.A. 17-243 amended Subsec. (j) to add “, in consultation with the Judicial Department” re adoption of rules, effective July 1, 2017; P.A. 25-78 amended Subsec. (e)(1) to authorize commission to adopt regulations re residency requirements and fitness for duty and annual certification requirements for state marshals over age 72, amended Subsec. (e)(2) to provide that cost of fitness for duty certification shall be at expense of state marshal, amended Subsec. (g) by adding Subdiv. (2) requiring marshal applicant's permanent place of abode, domicile and residence to be in county where vacancy occurs and requiring applicant to be subject to examination and bonding requirements, redesignated existing Subsec. (j) as Subsecs. (j) and (k) and amended Subsec. (j)(1) by substituting “or civil protection order under chapter 815a” for “under section 46b-15” and added Subsec. (j)(5) re adoption of rules for timely payment from Judicial Department to state marshals, amended Subsec. (k) providing for adoption of regulations for examination and bonding requirements, added Subsec. (l) re issuance of quarterly administrative bulletins from commission to state marshals, and redesignated former Subsec. (k) as Subsec. (m).
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Sec. 6-38c. State Marshals Advisory Board. Members and duties. Adoption of rules for conduct of elections and internal affairs. (a) There is established a State Marshals Advisory Board which shall consist of twenty-four state marshals to advise and make recommendations to the State Marshal Commission and to consider matters referred to it from the commission. Annually, between November first and November twentieth of each year, the state marshals in each county shall elect from among the state marshals in their county the following number of state marshals to serve on the board: Hartford, New Haven and Fairfield counties, four state marshals; New London and Litchfield counties, three state marshals; and Tolland, Middlesex and Windham counties, two state marshals. State marshals elected to serve on the board shall serve for a term of one year and may be reelected.
(b) The State Marshals Advisory Board shall adopt rules as the board deems necessary for the conduct of its elections and internal affairs, which rules shall continue in effect from year to year, as amended from time to time. Such rules shall include procedures for selection of a chairperson and other officers, as may be necessary, from the members of the board elected pursuant to subsection (a) of this section.
(c) Annually, in the month of December, the State Marshals Advisory Board shall hold a meeting and select two state marshals to be appointed as ex-officio members of the State Marshal Commission, in accordance with the provisions of section 6-38b, for a term of one year. If any vacancy occurs in such appointments, the State Marshals Advisory Board shall appoint a state marshal to fill the remainder of the unexpired term.
(P.A. 00-99, S. 146, 154; P.A. 25-78, S. 6.)
History: P.A. 00-99 effective April 27, 2000; P.A. 25-78 amended Subsec. (a) to prescribe that board is “to advise and make recommendations to the State Marshal Commission and to consider matters referred to it from the commission” and change the annual election time period of board members by substituting November 1 to November 20, for November 9 to November 14, deleted former Subsec. (b) re role of Chief Court Administrator in facilitating election of board members, added new Subsec. (b) re board adopting rules deemed necessary to conduct its elections and internal affairs and added Subsec. (c) re board meeting annually in December to select 2 state marshals to be ex-officio members of the State Marshal Commission.
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Sec. 6-38d. Impermissible acts by state marshal. No state marshal shall (1) knowingly bill for, or receive fees for, work that such state marshal did not actually perform, (2) allow another person to serve process in the place of such state marshal, or (3) knowingly make a false or illegal return of process. Any violation of this section without good cause shall be sufficient for the convening of a commission hearing concerning removal of the state marshal under subsection (i) of section 6-38b.
(P.A. 00-99, S. 150, 154; P.A. 25-78, S. 7.)
History: P.A. 00-99 effective December 1, 2000; P.A. 25-78 designated existing provision as Subdiv. (1), added Subdiv. (2) re not allowing another person to serve process in place of state marshal, added Subdiv. (3) re knowingly making a false or illegal return of process and added provision re any violation without good cause resulting in convening of State Marshal Commission hearing and potential removal of state marshal.
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Sec. 6-38e. Review and audit of records and accounts of state marshals by State Marshal Commission. (a) The State Marshal Commission shall periodically review and audit the records and accounts of the state marshals.
(b) When conducting audits pursuant to subsection (a) of this section, the commission shall prioritize an audit when the commission finds there is probable cause relating to a written complaint against a state marshal concerning the collection of money under an execution or warrant.
(c) Not later than thirty days after the date of the death or disability of a state marshal, the commission shall appoint a qualified individual to oversee and audit the records and accounts of such state marshal and render an accounting to the commission.
(d) Upon the death or disability of a state marshal, the commission may direct any financial institution, as defined in section 52-367a, with access to, or custody of, financial accounts of a state marshal utilized for the collection of moneys under chapters 204 and 906, to turn over such financial accounts to a successor state marshal appointed by the commission. A letter signed by the commission chairperson or designee shall constitute an order of the commission pursuant to this subsection. If any person or financial institution refuses to comply with such order, the commission shall certify the facts relating to the noncompliance to the office of the Attorney General, who shall apply to the Superior Court for an order compelling compliance.
(e) All information obtained by the commission from any audit conducted pursuant to this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200.
(P.A. 00-99, S. 152, 154; P.A. 03-224, S. 4; P.A. 25-78, S. 8.)
History: P.A. 00-99 effective December 1, 2000; P.A. 03-224 added provisions re confidentiality of audit information, effective July 2, 2003; P.A. 25-78 designated existing audit provisions as Subsecs. (a), (c) and (e), added Subsec. (b) re commission prioritizing certain audits involving finding of probable cause relating to written complaint against state marshal concerning collection of money and added Subsec. (d) re authority of commission to direct financial institution to turn over financial accounts to successor state marshal upon the death or disability of state marshal.
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Sec. 6-38n. Application by high sheriff for appointment as state marshal. Section 6-38n is repealed, effective October 1, 2025.
(June Sp. Sess. P.A. 01-9, S. 16, 131; P.A. 14-207, S. 12; P.A. 25-78, S. 26.)
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Sec. 6-39. Bond of state marshal. Each state marshal, before entering upon the duties of a state marshal, shall give to the State Marshal Commission a bond in the sum of one hundred thousand dollars conditioned that such state marshal will faithfully discharge the duties of state marshal and answer all damages which any person sustains by reason of such state marshal's unfaithfulness or neglect. The premium for said bonds shall be paid by the state. No state marshal shall collect tax warrants for the state or any municipality until such state marshal executes a bond in the sum of one hundred thousand dollars.
(1949 Rev., S. 458; 1961, P.A. 526; P.A. 73-237, S. 2, 3; P.A. 94-177, S. 10; May 25 Sp. Sess. P.A. 94-1, S. 67, 130; P.A. 00-99, S. 127, 154; P.A. 25-78, S. 9.)
History: 1961 act provided that bond premiums be paid by state; P.A. 73-237 exempted sheriffs already bonded from deputy's bond requirement when serving as deputies; P.A. 94-177 added requirement of bond of $100,000 for deputy sheriffs who collect tax warrants; May 25 Sp. Sess. P.A. 94-1 revised effective date of P.A. 94-177 but without affecting this section, effective July 1, 1994; P.A. 00-99 replaced references to deputy sheriff with state marshal, replaced reference to sheriff with State Marshal Commission and deleted provision re bond of sheriff, effective December 1, 2000; P.A. 25-78 substituted $100,000 for $10,000 re amount of bond.
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