General Assembly		Raised Bill No. 1165
January Session, 2013		LCO No. 5478
		*05478_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING DIVERSIONARY PROGRAMS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) If a person has been determined indigent and eligible for representation by a public defender, who has been appointed pursuant to section 51-296 of the general statutes, the court shall waive all application and program fees for the following:

(1) The community service labor program established pursuant to section 53a-39c of the general statutes, as amended by this act;

(2) The pretrial program for accelerated rehabilitation established pursuant to section 54-56e of the general statutes, as amended by this act;

(3) The pretrial alcohol education program established pursuant to section 54-56g of the general statutes;

(4) The pretrial drug education program established pursuant to section 54-56i of the general statutes, as amended by this act;

(5) The school violence prevention program established pursuant to section 54-56j of the general statutes, as amended by this act;

(6) The pretrial family violence education program established pursuant to section 46b-38c of the general statutes;

(7) An examination for alcohol or drug dependency conducted pursuant to section 17a-694 of the general statutes;

(8) The administration fee required upon the granting of a motion for suspension of prosecution and order of treatment for alcohol or drug dependency pursuant to section 17b-696 of the general statutes; and

(9) All probation and program fees for any person sentenced to a period of probation, including juvenile and youthful offender probation sentences.

Sec. 2. (NEW) (Effective from passage) If a person has been determined indigent and eligible for representation by a public defender, who has been appointed pursuant to section 51-296 of the general statutes, the court may not, as a condition of waiving fees pursuant to section 52-259b of the general statutes, require that such person complete a program of community service.

Sec. 3. Section 53a-39c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established, within available appropriations, a community service labor program for persons charged with a violation of section 21a-267 or 21a-279 who have not previously been convicted of a violation of section 21a-267, 21a-277, 21a-278 or 21a-279. Upon application by any such person for participation in such program the court [may grant such application and (1) if such person has not previously been placed in the community service labor program, the court may either suspend prosecution and place such person in such program or, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30; or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30. No person may be placed in such program who has twice previously been placed in such program.] shall, but only as to the public, order the court file sealed provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury, that he or she has not on two prior occasions been placed in the community service labor program. If the court grants the application, the court shall suspend prosecution and place the applicant in the community service labor program.

(b) There is established a community service labor program for a person who has pled guilty to a violation of section 21a-267 or 21a-279 and who has not previously been convicted of a violation of 21a-277 or 21a-278. The court may, upon application of such person and upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30.

[(b)] (c) Any person who enters [such] a program established under this section shall pay to the court a participation fee of two hundred five dollars, except that no person may be excluded from any such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. All program fees collected shall be deposited into the alternative incarceration program account.

[(c)] (d) Any person for whom prosecution is suspended and who is placed in the community service labor program pursuant to subsection (a) of this section shall agree to the tolling of the statute of limitations with respect to such crime and to a waiver of such person's right to a speedy trial. A pretrial community service labor program established under this section for persons for whom prosecution is suspended shall include a drug education component. If such person satisfactorily completes the program of community service labor to which such person was assigned, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program and on finding such satisfactory completion, shall dismiss the charges. If the program provider certifies to the court that such person did not successfully complete the program of community service labor to which such person was assigned or is no longer amenable to participation in such program, the court shall unseal the file and enter a plea of not guilty for such person and immediately place the case on the trial list.

[(d)] (e) The period of participation in a community service labor program shall be a minimum of fourteen days for a first violation, [and] thirty days for a second violation and forty days for a third or subsequent violation involving a plea of guilty and conviction.

Sec. 4. Subsection (b) of section 54-56e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant and if the court invokes the program, the court shall, but only as to the public, order the court file sealed, provided (1) [who,] the court believes [,] the defendant will probably not offend in the future, (2) [who] the defendant has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) of section 14-224 or section 14-227a, and (3) [who] the defendant states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, that (A) the defendant has never had such program invoked [in] on the defendant's behalf or that ten or more years have passed since the date that any charge or charges for which the program was invoked on the defendant's behalf have been dismissed by the court or, (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked [in] on the defendant's behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form approved by rule of court, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. For the purposes of this section, "veteran" means a person who is [(A)] (i) a veteran, as defined in subsection (a) of section 27-103, or [(B)] (ii) eligible to receive services from the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code.

Sec. 5. Section 54-56i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a pretrial drug education program for persons charged with a violation of section 21a-267 or 21a-279. The drug education program shall include a ten-session drug intervention program, a fifteen-session drug intervention program, [and] a substance abuse treatment program and community service for a person who previously had the program invoked on such person's behalf.

(b) Upon application by any such person for participation in such program and payment to the court of an application fee of one hundred dollars and a nonrefundable evaluation fee of one hundred dollars, the court shall, but only as to the public, order the court file sealed provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury, that such person has never had such program invoked [in] on such person's behalf or that ten or more years have passed since the date that any charge or charges for which the program was invoked on the person's behalf have been dismissed by the court. A person shall be ineligible for participation in such pretrial drug education program if such person has [previously] within the previous ten years participated in the eight-session, ten-session or fifteen-session drug education program, or substance abuse treatment program established under this section. [or the pretrial community service labor program established under section 53a-39c.] The evaluation and application fee imposed by this subsection shall be credited to the pretrial account established under section 54-56k.

(c) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, the court shall refer such person to the Court Support Services Division for confirmation of the eligibility of the applicant and to the Department of Mental Health and Addiction Services, except that, if such person is a veteran, the court may refer such person to the Department of Veterans' Affairs or the United States Department of Veterans Affairs, as applicable, for evaluation. For the purposes of this subsection and subsection (d) of this section, "veteran" means a person who is (A) a veteran, as defined in subsection (a) of section 27-103, or (B) eligible to receive services from the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code.

(d) (1) Upon confirmation of eligibility and receipt of the evaluation required pursuant to subsection (c) of this section, such person shall be placed in the drug education program and referred by the Court Support Services Division for the purpose of receiving appropriate drug intervention services or substance abuse treatment program services, as recommended by the evaluation conducted pursuant to subsection (c) of this section and ordered by the court, to the Department of Mental Health and Addiction Services, except that, if such person is a veteran, the division may refer such person to the Department of Veterans' Affairs or the United States Department of Veterans Affairs, subject to the provisions of subdivision (2) of this subsection. Placement in the drug education program pursuant to this section shall not exceed one year. Persons receiving substance abuse treatment program services in accordance with the provisions of this section shall only receive such services at state licensed substance abuse treatment program facilities that are in compliance with all state standards governing the operation of such facilities, except that, if such person is a veteran, such person may receive services from facilities under the supervision of the Department of Veterans' Affairs or the United States Department of Veterans Affairs, subject to the provisions of subdivision (2) of this subsection. Any person who enters the program shall agree: (A) To the tolling of the statute of limitations with respect to such crime; (B) to a waiver of such person's right to a speedy trial; (C) to complete participation in the ten-session drug intervention program, fifteen-session drug intervention program or substance abuse treatment program, as recommended by the evaluation conducted pursuant to subsection (c) of this section, and ordered by the court; (D) to commence participation in the drug education program not later than ninety days after the date of entry of the court order unless granted a delayed entry into the program by the court; [and] (E) to perform not more than fifty hours of community service if participation in the pretrial drug education program has previously been invoked on the person's behalf and the charges dismissed; and (F) upon completion of participation in the pretrial drug education program, to accept (i) placement in a treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services or a provider under the supervision of the Department of Veterans' Affairs or the United States Department of Veterans Affairs, or (ii) placement in a treatment program that has standards substantially similar to, or higher than, a program of a provider under contract with the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate. The Court Support Services Division shall require as a condition of participation in the drug education program that any person participating in the ten-session drug intervention program or the substance abuse treatment program also participate in the community service labor program, established pursuant to section 53a-39c, as amended by this act, for not less than five days; and that any person participating in the fifteen-session drug intervention program also participate in said community service labor program, for not less than ten days.

(2) The Court Support Services Division may only refer a veteran to the Department of Veterans' Affairs or the United States Department of Veterans Affairs for the receipt of services under the program if (A) the division determines that such services will be provided in a timely manner under standards substantially similar to, or higher than, standards for services provided by the Department of Mental Health and Addiction Services under the program, and (B) the applicable department agrees to submit timely program participation and completion reports to the division in the manner required by the division.

(e) If the Court Support Services Division informs the court that such person is ineligible for the program and the court makes a determination of ineligibility or if the program provider certifies to the court that such person did not successfully complete the assigned program and such person did not request, or the court denied, reinstatement in the program under subsection (i) of this section, the court shall order the court file to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

(f) If such person satisfactorily completes the assigned program, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If such person does not apply for dismissal of the charges against such person after satisfactorily completing the assigned program, the court, upon receipt of the record of such person's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of such person and a showing of good cause, the court may extend the placement period for a reasonable period for such person to complete the assigned program. A record of participation in such program shall be retained by the Court Support Services Division for a period of ten years from the date the court grants the application for participation in the program.

(g) At the time the court grants the application for participation in the pretrial drug education program, such person shall pay to the court a nonrefundable program fee of three hundred fifty dollars if such person is ordered to participate in the ten-session drug intervention program or five hundred dollars if such person is ordered to participate in the fifteen-session drug intervention program. If the court orders participation in a substance abuse treatment program, such person shall be responsible for the costs associated with such program. No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such person's ability to pay. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application, and such person is later determined to be ineligible for participation in such pretrial drug education program or fails to complete the assigned program, the program fee shall not be refunded. All program fees shall be credited to the pretrial account established under section 54-56k.

(h) If a person returns to court with certification from a program provider that such person did not successfully complete the assigned program or is no longer amenable to treatment, the provider, to the extent practicable, shall include a recommendation to the court as to whether a ten-session drug intervention program, a fifteen-session drug intervention program or placement in a substance abuse treatment program would best serve such person's needs. The provider shall also indicate whether the current program referral was an initial referral or a reinstatement to the program.

(i) When a person subsequently requests reinstatement into a drug intervention program or a substance abuse treatment program and the Court Support Services Division verifies that such person is eligible for reinstatement into such program and thereafter the court favorably acts on such request, such person shall pay a nonrefundable program fee of one hundred seventy-five dollars if ordered to complete a ten-session drug intervention program or two hundred fifty dollars if ordered to complete a fifteen-session drug intervention program, as the case may be. Unless good cause is shown, such fees shall not be waived. If the court grants a person's request to be reinstated into a substance abuse treatment program, such person shall be responsible for the costs, if any, associated with being reinstated into the treatment program. All program fees collected in connection with a reinstatement to a drug intervention program shall be credited to the pretrial account established under section 54-56k. No person shall be permitted more than two program reinstatements pursuant to this subsection.

(j) The Department of Mental Health and Addiction Services shall develop standards and oversee appropriate drug education programs that it administers to meet the requirements of this section and may contract with service providers to provide such programs. The department shall adopt regulations, in accordance with chapter 54, to establish standards for such drug education programs.

(k) Any person whose employment or residence or schooling makes it unreasonable to attend a drug intervention program or substance abuse treatment program in this state may attend a program in another state that has standards similar to, or higher than, those of this state, subject to the approval of the court and payment of the program fee or costs as provided in this section.

Sec. 6. Section 54-56j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be a school violence prevention program for students of a public or private secondary school charged with an offense involving the use or threatened use of physical violence in or on the real property comprising a public or private elementary or secondary school or at a school-sponsored activity as defined in subsection (h) of section 10-233a. Upon application by any such person for participation in such program, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that such person has never had such [system] program invoked [in] on such person's behalf, or that two or more years have passed since the date that any charge or charges for which the program was invoked on such person's behalf have been dismissed by the court and that such person has not been convicted of an offense involving the threatened use of physical violence in or on the real property comprising a public or private elementary or secondary school or at a school-sponsored activity as defined in subsection (h) of section 10-233a, and that such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as such an offense.

(b) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, it shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. As a condition of eligibility for participation in such program, the student and the parents or guardian of such student shall certify under penalty of false statement that, to the best of such person's knowledge and belief, such person does not possess any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or in violation of the law. Upon confirmation of eligibility, the defendant shall be referred to the Court Support Services Division for evaluation and placement in an appropriate school violence prevention program for one year.

(c) Any person who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of the right to a speedy trial, (3) to participate in a school violence prevention program offered by a provider under contract with the Court Support Services Division pursuant to subsection (g) of this section, and (4) to successfully complete the assigned program. The court may order the person to perform not more than twenty-five hours of community services if the person is entering the program for a second or subsequent time. If the Court Support Services Division informs the court that the defendant is ineligible for the program and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list.

(d) The Court Support Services Division shall monitor the defendant's participation in the assigned program and the defendant's compliance with the orders of the court including, but not limited to, maintaining contact with the student and officials of the student's school.

(e) If such defendant satisfactorily completes the assigned program and one year has elapsed since the defendant was placed in the program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of such defendant's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against the defendant after satisfactorily completing the assigned program and one year has elapsed since the defendant was placed in the program, the court, upon receipt of the record of the defendant's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges.

(f) The cost of participation in such program shall be paid by the parent or guardian of such student, except that no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.

(g) The Court Support Services Division shall contract with service providers, develop standards and oversee appropriate school violence prevention programs to meet the requirements of this section.

(h) The school violence prevention program shall consist of at least eight group counseling sessions in anger management and nonviolent conflict resolution. In addition, the court may order any person participating in the program for a second or subsequent time to perform not more than twenty-five hours of community service.

Sec. 7. Subsection (a) of section 54-56l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be a supervised diversionary program for persons with psychiatric disabilities, developmental disabilities or persons who are veterans, who are accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature. For the purposes of this section, (1) "psychiatric disability" means a mental or emotional condition, other than solely substance abuse, that (A) has substantial adverse effects on the defendant's ability to function, and (B) requires care and treatment, [and] (2) "developmental disabilities" means a developmental disability as defined in 42 USC 15002(8) that (A) has substantial adverse effects on the defendant's ability to function, and (B) requires care and treatment, and (3) "veteran" means a person who is found, pursuant to subsection (d) of this section, to have a mental health condition that is amenable to treatment, and is (A) a veteran, as defined in subsection (a) of section 27-103, or (B) eligible to receive services from the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code.

This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	New section
Sec. 2	from passage	New section
Sec. 3	from passage	53a-39c
Sec. 4	from passage	54-56e(b)
Sec. 5	from passage	54-56i
Sec. 6	from passage	54-56j
Sec. 7	from passage	54-56l(a)

Statement of Purpose:

To revise statutory criteria applicable to the administration of the state's pretrial diversionary programs.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]