General Assembly Raised Bill No. 6692
January Session, 2013 LCO No. 5190
*05190_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6692
January Session, 2013
LCO No. 5190
*05190_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING PARTICIPATION IN A PROGRAM OF COMMUNITY SERVICE FOR PERSONS SEEKING FEE WAIVERS IN CERTAIN CIVIL ACTIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 52-259b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) In any civil or criminal matter, if the court finds that a [party] person is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the court shall waive such fee or fees and the cost of service of process shall be paid by the state. If the court waives such fee, fees or the cost of service of process, the court may, in connection with the granting of such fee waiver, order that the person participate in a program of community service, as set forth in section 2 of this act, for a period of time not to exceed twenty hours. In determining whether to order a person to participate in a program of community service, the court shall consider the person's ability to perform community service and prior compliance with any order to participate in a program of community service. Notwithstanding the provisions of this subsection, if a person is requesting a fee waiver relating to a request for the issuance of a restraining order pursuant to section 46b-15 or a protective order pursuant to section 46b-38c, the court may not order such person to participate in a program of community service in connection with the granting of the fee waiver.
(b) There shall be a rebuttable presumption that a person is indigent and unable to pay a fee or fees or the cost of service of process if (1) such person receives public assistance, or (2) such person's income after taxes, mandatory wage deductions and child care expenses is one hundred twenty-five per cent or less of the federal poverty level. For purposes of this subsection, "public assistance" includes, but is not limited to, state-administered general assistance, temporary family assistance, aid to the aged, blind and disabled, supplemental nutrition assistance and Supplemental Security Income.
(c) Nothing in this section shall preclude the court from finding that a person whose income does not meet the criteria of subsection (b) of this section is indigent and unable to pay a fee or fees or the cost of service of process. If an application for the waiver of the payment of a fee or fees or the cost of service of process is denied, the court clerk shall, upon the request of the applicant, schedule a hearing on the application.
Sec. 2. (NEW) (Effective October 1, 2013) (a) As used in this section, and section 52-259b of the general statutes, as amended by this act:
(1) "Community service" means service performed by a person requesting a fee waiver pursuant to section 52-259b of the general statutes, as amended by this act, in an unpaid position with a nonprofit or tax-supported agency for the performance of not more than twenty hours of work.
(2) "Community service plan" means a written agreement between the court and a person requesting a fee waiver pursuant to section 52-259b of the general statutes, as amended by this act, which specifies (A) the number of required community service hours, (B) the location of the agency where the community service shall be performed, (C) the period of time in which the community service shall be completed, (D) the tentative schedule of community service, (E) a brief description of the person's community service responsibilities, (F) consequences associated with the failure to complete the community service, and (G) the supervisor of the community service plan.
(b) When ordering that a person participate in a program of community service, the court shall fix the terms and conditions of the community service, review the community service plan and, upon approval of the plan, order the person to complete the community service in accordance with such plan. No community service shall be imposed by the court unless the person consents to the terms and conditions of the community service plan. The court, when reviewing the terms and conditions of a community service plan shall, to the extent feasible, give due consideration to any unique circumstances identified by the person.
(c) Any nonprofit or tax-supported agency administering community service shall prepare and file with the court a copy of all community service plans and shall notify the court when a person has successfully completed such plan.
(d) In the event of a person's noncompliance with a community service plan, the nonprofit or tax-supported agency administering the community service shall prepare a written statement identifying the acts of noncompliance by a person and shall, without unnecessary delay, request that community service be terminated.
(e) A person agreeing to a community service plan pursuant to this section may, at any time after entering into such agreement, opt to terminate his or her community service and instead pay to the court the amount of any fee waived pursuant to section 52-259b of the general statutes, as amended by this act.
Sec. 3. (NEW) (Effective October 1, 2013) In any civil action, including a family relations matter, as defined in section 46b-1 of the general statutes, except for an action brought under section 46b-15 or 46b-38c of the general statutes, in which a party to the matter was granted a fee waiver pursuant to section 52-259b of the general statutes, as amended by this act, the court may order either party to such action to repay to the state any costs incurred by the state attributable to fees waived by the court pursuant to section 52-259b of the general statutes, as amended by this act.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 52-259b
Sec. 2 October 1, 2013 New section
Sec. 3 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
52-259b
Sec. 2
October 1, 2013
New section
Sec. 3
October 1, 2013
New section
Statement of Purpose:
To provide the court with authority to order (1) a person who receives a waiver of court fees or costs associated with service of process to participate in a program of community service, (2) a party to certain civil actions repay the state for costs incurred due to the granting of fee waivers pursuant to section 52-259b of the general statutes.
[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.]