Connecticut 2019 Regular Session

Connecticut House Bill HB05866 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Substitute Bill No. 5866
8	8		January Session, 2019
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12	12		AN ACT CONCERNING TH E PROVISION OF NECESSARY MEDICAL
13	13		TREATMENT FOR DRUG -DEPENDENT PERSONS.
14	14		Be it enacted by the Senate and House of Representatives in General
15	15		Assembly convened:
16	16
17	17		Section 1. Section 54-36i of the general statutes is repealed and the 1
18	18		following is substituted in lieu thereof (Effective July 1, 2019): 2
19	19		(a) There is established and created an account of the General Fund 3
20	20		to be known as the "drug assets forfeiture revolving account" for the 4
21	21		purpose of providing funds for substance abuse treatment and 5
22	22		education programs and for use in the detection, investigation, 6
23	23		apprehension and prosecution of persons for the violation of the laws 7
24	24		pertaining to the illegal manufacture, sale, distribution or possession of 8
25	25		controlled substances. 9
26	26		(b) The account shall consist of the proceeds from the sale of 10
27	27		property and moneys received and deposited pursuant to section 54-11
28	28		36h. 12
29	29		(c) [Moneys] Except as provided in subsection (e) of this section, 13
30	30		moneys in such account shall be distributed as follows: (1) Seventy per 14
31	31		cent shall be allocated to the Department of Emergency Services and 15
32	32		Public Protection and local police departments pursuant to subsection 16
33	33		(d) of this section, fifteen per cent of which shall be used for purposes 17
34	34		of drug education and eighty-five per cent of which shall be used for 18
35	35		the detection, investigation, apprehension and prosecution of persons 19 Substitute Bill No. 5866
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42	42		for the violation of laws pertaining to the illegal manufacture, sale, 20
43	43		distribution or possession of controlled substances and for the 21
44	44		purposes of police training on gang-related violence as required by 22
45	45		section 7-294l, (2) twenty per cent shall be allocated to the Department 23
46	46		of Mental Health and Addiction Services for substance abuse 24
47	47		treatment and education programs and tobacco prevention and 25
48	48		enforcement positions engaged in compliance activities as required by 26
49	49		the federal government as a condition of receipt of substance abuse 27
50	50		prevention and treatment block grant funds, and (3) ten per cent shall 28
51	51		be allocated to the Division of Criminal Justice for use in the 29
52	52		prosecution of persons for the violation of laws pertaining to the illegal 30
53	53		manufacture, sale, distribution or possession of controlled substances. 31
54	54		(d) Expenditures from the account allocated to the Department of 32
55	55		Emergency Services and Public Protection and local police 33
56	56		departments shall be authorized by a panel composed of: (1) The 34
57	57		Commissioner of Emergency Services and Public Protection or his 35
58	58		designee, (2) the commander of the state-wide narcotics task force or 36
59	59		his designee, and (3) the president of the Connecticut Police Chiefs 37
60	60		Association or his designee. The panel shall adopt procedures for the 38
61	61		orderly authorization of expenditures, subject to the approval of the 39
62	62		Comptroller. Such expenditures may be authorized only to the 40
63	63		Department of Emergency Services and Public Protection and to 41
64	64		organized local police departments within this state. Such 42
65	65		expenditures shall be held by the Department of Emergency Services 43
66	66		and Public Protection and the various organized local police 44
67	67		departments in accounts or funds established for that purpose. In no 45
68	68		event shall the expenditures be placed in a state or town general fund 46
69	69		and in no event shall the expenditures be used for purposes other than 47
70	70		those provided in subdivision (1) of subsection (c) of this section. The 48
71	71		panel shall ensure the equitable allocation of expenditures to the 49
72	72		Department of Emergency Services and Public Protection or any local 50
73	73		police department which participated directly in any of the acts which 51
74	74		led to the seizure or forfeiture of the property so as to reflect generally 52
75	75		the contribution of said department or such local police department in 53 Substitute Bill No. 5866
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82	82		such acts. The panel shall authorize expenditures from the account for 54
83	83		the reimbursement of any organized local police department which 55
84	84		has used its own funds in the detection, investigation, apprehension 56
85	85		and prosecution of persons for the violation of laws pertaining to the 57
86	86		illegal manufacture, sale, distribution or possession of controlled 58
87	87		substances and which makes application to the panel for 59
88	88		reimbursement. 60
89	89		(e) Moneys remaining in the drug assets forfeiture revolving 61
90	90		account at the end of a fiscal year shall not revert to the General Fund 62
91	91		but shall remain in the revolving account [to be used for the purposes 63
92	92		set forth in this section] and be allocated to the Department of Mental 64
93	93		Health and Addiction Services for the provision of inpatient treatment 65
94	94		services for drug-dependent persons at facilities operated by or under 66
95	95		contract with the department. 67
96	96		Sec. 2. (NEW) (Effective July 1, 2019) The Probate Court 68
97	97		Administrator shall, within available appropriations, prepare and 69
98	98		distribute informational materials that are designed to inform the 70
99	99		public of Probate Court procedures that may be of assistance in 71
100	100		securing necessary medical treatment for a drug-dependent person. 72
101	101		Such informational materials shall include, but not be limited to, a 73
102	102		description of the Probate Court procedures set forth in section 17a-685 74
103	103		of the general statutes and the conservatorship process set forth in 75
104	104		sections 45a-644 to 45a-663, inclusive, of the general statutes. The 76
105	105		Probate Court Administrator shall make such informational materials 77
106	106		available in written form in each Probate Court in the state and on the 78
107	107		Internet web site of the office of the Probate Court Administrator. 79
108	108		Sec. 3. (Effective from passage) The Probate Court Administrator shall 80
109	109		review all existing Probate Court procedures that may be of assistance 81
110	110		in securing necessary medical treatment for drug-dependent persons. 82
111	111		On or before February 1, 2020, the Probate Court Administrator shall 83
112	112		report, in accordance with the provisions of section 11-4a of the general 84
113	113		statutes, to the joint standing committees of the General Assembly 85
114	114		having cognizance of matters relating to the judiciary and public 86 Substitute Bill No. 5866
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121	121		health on enhancements that could be made to Probate Court 87
122	122		procedures to better serve drug-dependent persons, and the family 88
123	123		and friends of such persons, in securing necessary medical treatment 89
124	124		for such persons. 90
125	125		This act shall take effect as follows and shall amend the following
126	126		sections:
127	127
128	128		Section 1 July 1, 2019 54-36i
129	129		Sec. 2 July 1, 2019 New section
130	130		Sec. 3 from passage New section
131	131
	132	+	Statement of Legislative Commissioners:
	133	+	Section 1 was redrafted to include the entirety of section 54-36i of the
	134	+	general statutes so that a conforming change could be made to
	135	+	subsection (c) of said section for accuracy.
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133	138		JUD Joint Favorable Subst. -LCO
134		-	APP Joint Favorable
135	139