General Assembly Raised Bill No. 6639
January Session, 2011 LCO No. 5135
*05135_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6639
January Session, 2011
LCO No. 5135
*05135_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING PRETRIAL DIVERSIONARY PROGRAMS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 54-56e of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) There shall be a pretrial program for accelerated rehabilitation of persons 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.
(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 (1) who, the court believes, will probably not offend in the future, (2) who 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, [(3) who has not been adjudged a youthful offender within the preceding five years under the provisions of sections 54-76b to 54-76n, inclusive,] and [(4)] (3) who 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 the defendant has never had such program invoked in the defendant's behalf, 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. [In determining whether to grant an application under this section with respect to a person who has been adjudged a youthful offender under the provisions of sections 54-76b to 54-76n, inclusive, more than five years prior to the date of such application, and notwithstanding the provisions of section 54-76l, the court shall have access to the youthful offender records of such person and may consider the nature and circumstances of the crime with which such person was charged as a youth.] Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars.
(c) This section shall not be applicable: (1) To any person charged with a class A felony, a class B felony, except a violation of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of section 14-227a, subdivision (2) of subsection (a) of section 53-21, section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, [53a-71,] 53a-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person, (3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) [to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education program established under section 54-56i, or (B) has previously had the pretrial drug education program invoked in such person's behalf, (5)] unless good cause is shown, to any person charged with a class C felony or a violation of section 53a-71, or [(6)] (5) to any person charged with a violation of section 9-359 or 9-359a.
Sec. 2. Subsection (b) of section 54-56i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(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 such person's behalf. A person shall be ineligible for participation in such pretrial drug education program if such person has previously 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.
Sec. 3. (NEW) (Effective October 1, 2011) (a) There shall be a supervised diversionary program for veterans 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. The program shall be available to any veteran who demonstrates that he or she has service-related traumatic brain injury or post traumatic stress disorder.
(b) A veteran shall be ineligible for participation in such supervised diversionary program if such veteran (1) is ineligible to participate in the pretrial program for accelerated rehabilitation under subsection (c) of section 54-56e of the general statutes, as amended by this act, or (2) has twice previously participated in such supervised diversionary program.
(c) Upon application by any veteran for participation in the program, the court shall, but only as to the public, order the court file sealed provided such veteran 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 veteran has not had such program invoked in such veteran's behalf more than once. Court personnel shall provide notice, on a form approved by rule of court, to any victim of such crime or motor vehicle violation, by registered or certified mail, that such veteran has applied for the program and that such victim has an opportunity to be heard by the court on the matter.
(d) The court shall refer such veteran to the Court Support Services Division for confirmation of eligibility and assessment of the veteran's mental health condition. The prosecuting attorney shall provide the division with a copy of the police report in the case to assist the division in its assessment. The division shall determine if the veteran is amenable to treatment and if appropriate services and treatment are available. If the division determines that the veteran is amenable to treatment and that appropriate services and treatment are available, it shall develop a treatment plan tailored to the veteran and shall present it to the court.
(e) Upon confirmation of eligibility and consideration of the treatment plan presented by the Court Support Services Division, the court may grant such application. If the court grants the application, such veteran shall be referred to the division. The division shall collaborate with the Department of Mental Health and Addiction Services and the Department of Veterans' Affairs to place such veteran in a program that provides appropriate community supervision, treatment and services. The veteran shall be subject to the supervision of a probation officer who has a reduced caseload and specialized training in working with veterans who have service-related traumatic brain injury or post traumatic stress disorder.
(f) The Court Support Services Division shall establish policy and procedures to require division employees to notify any victim of the veteran admitted to the program of any conditions ordered by the court that directly affect the victim and of such veteran's scheduled court appearances with respect to the case.
(g) Any veteran who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime or violation; (2) to a waiver of such veteran's right to a speedy trial; and (3) to any conditions that may be established by the division concerning participation in the supervised diversionary program including conditions concerning participation in meetings or sessions of the program.
(h) If the Court Support Services Division informs the court that such veteran is ineligible for the program and the court makes a determination of ineligibility or if the division certifies to the court that such veteran 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 veteran and immediately place the case on the trial list.
(i) If such veteran satisfactorily completes the assigned program, such veteran may apply for dismissal of the charges against such veteran and the court, on reviewing the record of such veteran's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If such veteran does not apply for dismissal of the charges against such veteran after satisfactorily completing the assigned program, the court, upon receipt of the record of such veteran'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. Except as provided in subsection (j) of this section, upon dismissal, all records of such charges shall be erased pursuant to section 54-142a of the general statutes. An order of the court denying a motion to dismiss the charges against a veteran who has completed such veteran's period of probation or supervision or terminating the participation of a veteran in such program shall be a final judgment for purposes of appeal.
(j) The Court Support Services Division shall develop and maintain a database of information concerning veterans admitted to the supervised diversionary program that shall be available to the state police and organized local police departments for use by sworn police officers when responding to incidents involving such veterans. Such information shall include the veteran's name, date of birth, Social Security number, the violation or violations with which the veteran was charged, the dates of program participation and whether a deadly weapon or dangerous instrument was involved in the violation or violations for which the program was granted. The division shall enter such information in the database upon such veteran's entry into the program, update such information as necessary and retain such information for a period of five years after the date of such veteran's entry into the program.
(k) The Court Support Services Division, in collaboration with the Department of Mental Health and Addiction Services and the Department of Veterans' Affairs, shall develop standards and oversee appropriate treatment programs to meet the requirements of this section and may contract with service providers to provide such programs.
(l) The Court Support Services Division shall retain the police report provided to it by the prosecuting attorney and the record of supervision including the dates of supervision and shall provide such information to the court, prosecuting attorney and defense counsel whenever a court is considering whether to grant an application by such veteran for participation in the supervised diversionary program for a second time.
Sec. 4. Section 54-56m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) There shall be established, in [the geographical area of the Superior Court for the towns of Berlin, New Britain, Newington, Rocky Hill and Wethersfield, the geographical area of the Superior Court for the towns of Bethlehem, Middlebury, Naugatuck, Prospect, Southbury, Watertown, Wolcott, Woodbury and Waterbury, and such other geographical areas of the Superior Court as the Chief Court Administrator may designate] all geographical areas of the Superior Court, programs of mediation wherein the court may refer a criminal prosecution to mediation for resolution. For the purposes of this section, "mediation" means the process where two or more persons to a dispute agree to meet with an impartial third party to work toward a resolution of the dispute which is satisfactory to all parties in accordance with principles of mediation commonly used in labor management disputes.
(b) If mediation is successful, the prosecuting authority, upon recommendation of the family relations counselor or mediation officer, shall enter a nolle prosequi and the prosecution shall be terminated and the defendant released from custody.
(c) If mediation is unsuccessful or the defendant fails to comply with the terms of any mediation agreement, the family relations counselor or mediation officer shall notify the prosecuting authority and prosecution of the defendant may be initiated.
(d) There shall be established, in [the two geographical areas of the Superior Court enumerated in subsection (a) of this section and in such other geographical areas of the Superior Court as the Chief Court Administrator may designate] all geographical areas of the Superior Court, units to provide mediation services in cases referred by the court to mediation. In addition, mediation services in cases referred by the court to mediation may also be provided by private agencies under contract with the Judicial Department.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 54-56e(a) to (c)
Sec. 2 October 1, 2011 54-56i(b)
Sec. 3 October 1, 2011 New section
Sec. 4 October 1, 2011 54-56m
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
54-56e(a) to (c)
Sec. 2
October 1, 2011
54-56i(b)
Sec. 3
October 1, 2011
New section
Sec. 4
October 1, 2011
54-56m
Statement of Purpose:
To revise the eligibility requirements for certain pretrial diversionary programs, establish a pretrial diversionary program for veterans and expand mediation programs in criminal prosecutions to all geographical area court locations.
[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.]