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General Assembly Substitute Bill No. 5866
January Session, 2019
AN ACT CONCERNING TH E PROVISION OF NECESSARY MEDICAL
TREATMENT FOR DRUG -DEPENDENT PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-36i of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) There is established and created an account of the General Fund 3
to be known as the "drug assets forfeiture revolving account" for the 4
purpose of providing funds for substance abuse treatment and 5
education programs and for use in the detection, investigation, 6
apprehension and prosecution of persons for the violation of the laws 7
pertaining to the illegal manufacture, sale, distribution or possession of 8
controlled substances. 9
(b) The account shall consist of the proceeds from the sale of 10
property and moneys received and deposited pursuant to section 54-11
36h. 12
(c) [Moneys] Except as provided in subsection (e) of this section, 13
moneys in such account shall be distributed as follows: (1) Seventy per 14
cent shall be allocated to the Department of Emergency Services and 15
Public Protection and local police departments pursuant to subsection 16
(d) of this section, fifteen per cent of which shall be used for purposes 17
of drug education and eighty-five per cent of which shall be used for 18
the detection, investigation, apprehension and prosecution of persons 19 Substitute Bill No. 5866
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for the violation of laws pertaining to the illegal manufacture, sale, 20
distribution or possession of controlled substances and for the 21
purposes of police training on gang-related violence as required by 22
section 7-294l, (2) twenty per cent shall be allocated to the Department 23
of Mental Health and Addiction Services for substance abuse 24
treatment and education programs and tobacco prevention and 25
enforcement positions engaged in compliance activities as required by 26
the federal government as a condition of receipt of substance abuse 27
prevention and treatment block grant funds, and (3) ten per cent shall 28
be allocated to the Division of Criminal Justice for use in the 29
prosecution of persons for the violation of laws pertaining to the illegal 30
manufacture, sale, distribution or possession of controlled substances. 31
(d) Expenditures from the account allocated to the Department of 32
Emergency Services and Public Protection and local police 33
departments shall be authorized by a panel composed of: (1) The 34
Commissioner of Emergency Services and Public Protection or his 35
designee, (2) the commander of the state-wide narcotics task force or 36
his designee, and (3) the president of the Connecticut Police Chiefs 37
Association or his designee. The panel shall adopt procedures for the 38
orderly authorization of expenditures, subject to the approval of the 39
Comptroller. Such expenditures may be authorized only to the 40
Department of Emergency Services and Public Protection and to 41
organized local police departments within this state. Such 42
expenditures shall be held by the Department of Emergency Services 43
and Public Protection and the various organized local police 44
departments in accounts or funds established for that purpose. In no 45
event shall the expenditures be placed in a state or town general fund 46
and in no event shall the expenditures be used for purposes other than 47
those provided in subdivision (1) of subsection (c) of this section. The 48
panel shall ensure the equitable allocation of expenditures to the 49
Department of Emergency Services and Public Protection or any local 50
police department which participated directly in any of the acts which 51
led to the seizure or forfeiture of the property so as to reflect generally 52
the contribution of said department or such local police department in 53 Substitute Bill No. 5866
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such acts. The panel shall authorize expenditures from the account for 54
the reimbursement of any organized local police department which 55
has used its own funds in the detection, investigation, apprehension 56
and prosecution of persons for the violation of laws pertaining to the 57
illegal manufacture, sale, distribution or possession of controlled 58
substances and which makes application to the panel for 59
reimbursement. 60
(e) Moneys remaining in the drug assets forfeiture revolving 61
account at the end of a fiscal year shall not revert to the General Fund 62
but shall remain in the revolving account [to be used for the purposes 63
set forth in this section] and be allocated to the Department of Mental 64
Health and Addiction Services for the provision of inpatient treatment 65
services for drug-dependent persons at facilities operated by or under 66
contract with the department. 67
Sec. 2. (NEW) (Effective July 1, 2019) The Probate Court 68
Administrator shall, within available appropriations, prepare and 69
distribute informational materials that are designed to inform the 70
public of Probate Court procedures that may be of assistance in 71
securing necessary medical treatment for a drug-dependent person. 72
Such informational materials shall include, but not be limited to, a 73
description of the Probate Court procedures set forth in section 17a-685 74
of the general statutes and the conservatorship process set forth in 75
sections 45a-644 to 45a-663, inclusive, of the general statutes. The 76
Probate Court Administrator shall make such informational materials 77
available in written form in each Probate Court in the state and on the 78
Internet web site of the office of the Probate Court Administrator. 79
Sec. 3. (Effective from passage) The Probate Court Administrator shall 80
review all existing Probate Court procedures that may be of assistance 81
in securing necessary medical treatment for drug-dependent persons. 82
On or before February 1, 2020, the Probate Court Administrator shall 83
report, in accordance with the provisions of section 11-4a of the general 84
statutes, to the joint standing committees of the General Assembly 85
having cognizance of matters relating to the judiciary and public 86 Substitute Bill No. 5866
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health on enhancements that could be made to Probate Court 87
procedures to better serve drug-dependent persons, and the family 88
and friends of such persons, in securing necessary medical treatment 89
for such persons. 90
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 54-36i
Sec. 2 July 1, 2019 New section
Sec. 3 from passage New section
Statement of Legislative Commissioners:
Section 1 was redrafted to include the entirety of section 54-36i of the
general statutes so that a conforming change could be made to
subsection (c) of said section for accuracy.
JUD Joint Favorable Subst. -LCO