General Assembly Substitute Bill No. 6639
January Session, 2011 *_____HB06639FIN___051911____*
General Assembly
Substitute Bill No. 6639
January Session, 2011
*_____HB06639FIN___051911____*
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 Subsections (a) to (c), inclusive, of section 54-56e of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):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, except subdivision (1) of subsection (a) of said section, 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 subdivision (1) of subsection (a) 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.
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)
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)
JUD Joint Favorable Subst.
FIN Joint Favorable
JUD
Joint Favorable Subst.
FIN
Joint Favorable