Connecticut 2019 Regular Session

Connecticut House Bill HB05866 Latest Draft

Bill / Comm Sub Version Filed 05/14/2019

                             
 
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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 Section 54-36i of the general statutes is repealed and the 1 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 
 
 
JUD Joint Favorable Subst. -LCO  
APP Joint Favorable