General Assembly Substitute Bill No. 114
February Session, 2012 *_____SB00114VA_JUD030912____*
General Assembly
Substitute Bill No. 114
February Session, 2012
*_____SB00114VA_JUD030912____*
AN ACT MAKING VETERANS ELIGIBLE FOR THE PRETRIAL DIVERSIONARY PROGRAM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (a) to (e), inclusive, of section 54-56l of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) There shall be a supervised diversionary program for persons with psychiatric disabilities and 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. For the purposes of this section, (1) "psychiatric disability" means a mental or emotional condition, other than solely substance abuse, that [(1)] (A) has substantial adverse effects on the defendant's ability to function, and [(2)] (B) requires care and treatment, and (2) "veteran" means a veteran, as defined in section 27-103, or a person eligible for the United States Department of Veterans Affairs' services under Title 38 of the United States Code.
(b) A person shall be ineligible for participation in such supervised diversionary program if such person (1) is ineligible to participate in the pretrial program for accelerated rehabilitation under subsection (c) of section 54-56e, or (2) has twice previously participated in such supervised diversionary program.
(c) 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 not had such program invoked in such person'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 person 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 person to the Court Support Services Division for confirmation of eligibility and assessment of the person'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 person is amenable to treatment and if appropriate services and treatment are available. If the division determines that the person is amenable to treatment and that appropriate services and treatment are available, it shall develop a treatment plan tailored to the person 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 person shall be referred to the division. The division shall collaborate with the Department of Mental Health and Addiction Services, the Department of Veterans' Affairs or the United States Department of Veterans Affairs, as applicable, to place such person in a program that provides appropriate community supervision, treatment and services. The person shall be subject to the supervision of a probation officer who has a reduced caseload and specialized training in working with persons with psychiatric disabilities.
Sec. 2. Subsection (b) of section 54-56e of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(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, and (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, or in the case where the defendant is a veteran, that the defendant has not had such program invoked in 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 purposes of this subsection, "veteran" means a veteran, as defined in section 27-103, or a person eligible for the United States Department of Veterans Affairs' services under Title 38 of the United States Code.
Sec. 3. Subsections (c) to (j), inclusive, of section 54-56i of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(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, the Department of Veterans' Affairs or the United States Department of Veterans Affairs, as applicable, for evaluation.
(d) (1) Upon confirmation of eligibility and receipt of the evaluation required pursuant to subsection (c) of this section, such person shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in the drug education program. If such person is a veteran, such person may be referred to the Department of Veterans' Affairs or the United States Department of Veterans Affairs by the Court Support Services Division for placement in a comparable drug education program. Participants in [the] any such drug education program shall receive 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. Placement in [the] a 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, unless such person is a veteran, in which case the person may receive services at the Department of Veterans' Affairs or the United States Department of Veterans Affairs. Any person who enters [the] any such program shall agree: [(1)] (A) To the tolling of the statute of limitations with respect to such crime; [(2)] (B) to a waiver of such person's right to a speedy trial; [(3)] (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; [(4)] (D) to commence participation in the applicable 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 [(5)] (E) upon completion of participation in the applicable pretrial drug education program, to accept placement in a treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services, the Department of Veterans' Affairs or the United States Department of Veterans Affairs or placement in a treatment program operated by the Department of Veterans' Affairs or the United States Department of Veterans Affairs or 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, 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) For purposes of this section, "veteran" means a veteran, as defined in section 27-103, or a person eligible for the United States Department of Veterans Affairs' services under Title 38 of the United States Code.
(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] Said department shall adopt regulations, in accordance with chapter 54, to establish standards for such drug education programs.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 54-56l(a) to (e)
Sec. 2 October 1, 2012 54-56e(b)
Sec. 3 October 1, 2012 54-56i(c) to (j)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
54-56l(a) to (e)
Sec. 2
October 1, 2012
54-56e(b)
Sec. 3
October 1, 2012
54-56i(c) to (j)
Statement of Legislative Commissioners:
In the last sentence of section 3(j), existing language referring to the "department" and "such drug education programs" was restored for conciseness.
VA Joint Favorable Subst. C/R JUD
VA
Joint Favorable Subst. C/R
JUD