Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB01055 Comm Sub / Bill

Filed 04/29/2019

                     
 
LCO    \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-R01-
SB.docx  
1 of 15 
 
General Assembly  Substitute Bill No. 1055  
January Session, 2019 
 
 
 
 
 
AN ACT ESTABLISHING A TASK FORCE TO STUD Y THE JUROR 
SELECTION PROCESS, P ROVIDING ACCESS TO CERTAIN 
RECORDS POSSESSED BY THE DEPARTMENT OF ME NTAL 
HEALTH AND ADDICTION SERVICES, CONNECTICU T VALLEY 
HOSPITAL AND THE PSY CHIATRIC SECURITY REVIEW BOARD AND 
CONCERNING SENTENCIN G OF PERSISTENT LARC ENY 
OFFENDERS, NONFINANC IAL CONDITIONS FOR PRETRIAL 
RELEASE AND CONFIDEN TIALITY UPON APPLICATION TO A 
DIVERSIONARY PROGRAM .  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (Effective from passage) (a) There is established a task force 1 
to study jury selection in the state to determine whether processes 2 
currently in place result in a fair cross-section of the community being 3 
summoned for jury duty and whether a fair cross-section of the 4 
community appear for jury service. In connection with such study, the 5 
task force may (1) collect statistics and conduct data analysis of jurors 6 
appearing for jury service, (2) review juror selection processes and 7 
procedures utilized in other jurisdictions, and (3) conduct research that 8 
is consistent with the objectives of the study. Such study shall be 9 
undertaken with the objective of ensuring that the state's juror 10 
selection processes encompass a full and fair representation of the 11 
community at large. 12 
(b) The task force shall consist of the following members: 13  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
2 of 15 
 
(1) The Chief Court Administrator, or the Chief Court 14 
Administrator's designee; 15 
(2) The Chief State's Attorney, or the Chief State's Attorney's 16 
designee; 17 
(3) The Chief Public Defender, or the Chief Public Defender's 18 
designee; 19 
(4) The Attorney General, or the Attorney General's designee; 20 
(5) The Jury Administrator, or the Jury Administrator's designee; 21 
(6) The president of the Connecticut Bar Association, or the 22 
president's designee; 23 
(7) The president of the South Asian Bar Association of Connecticut, 24 
or the president's designee; 25 
(8) The president of the George W. Crawford Black Bar Association, 26 
or the president's designee; 27 
(9) The president of the Connecticut Hispanic Bar Association, or 28 
the president's designee; 29 
(10) The president of the Connecticut Asian Pacific American Bar 30 
Association, or the president's designee; 31 
(11) The president of the Portuguese Bar Association of Connecticut, 32 
or the president's designee; 33 
(12) The president of the Connecticut Italian-American Bar 34 
Association, or the president's designee; and 35 
(13) The deans of The University of Connecticut School of Law, 36 
Quinnipiac University School of Law and Yale Law School, or their 37 
respective designees. 38 
(c) All appointments to the task force shall be made not later than 39  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
3 of 15 
 
thirty days after the effective date of this section. Any vacancy shall be 40 
filled by the appointing authority. 41 
(d) The Chief Court Administrator shall select the chairpersons of 42 
the task force from among the members of the task force. Such 43 
chairpersons shall schedule the first meeting of the task force, which 44 
shall be held not later than sixty days after the effective date of this 45 
section. 46 
(e) The administrative staff of the joint standing committee of the 47 
General Assembly having cognizance of matters relating to the 48 
judiciary shall serve as administrative staff of the task force. 49 
(f) Not later than July 1, 2020, the task force shall report on its 50 
findings and recommendations to the joint standing committee of the 51 
General Assembly having cognizance of matters relating to the 52 
judiciary and to the Chief Court Administrator, in accordance with the 53 
provisions of section 11-4a of the general statutes. Such 54 
recommendations may include statutory revisions that would enhance 55 
the representativeness of the juror array. The task force shall terminate 56 
on the date that it submits such report or July 1, 2020, whichever is 57 
later. 58 
Sec. 2. (NEW) (Effective from passage) (a) Any image or recording of 59 
an acquittee, who is under the jurisdiction of the Psychiatric Security 60 
Review Board, that is recorded within or on the property of any 61 
inpatient facility of the Department of Mental Health and Addiction 62 
Services where the acquittee receives treatment, shall be reviewable by 63 
counsel representing the acquittee in any matter before the Psychiatric 64 
Security Review Board or the Superior Court related to the jurisdiction 65 
of the Psychiatric Security Review Board upon written request made to 66 
the director of such facility. The director of such facility shall permit 67 
such review to occur not later than thirty days after the date of receipt 68 
of the written request, provided (1) the acquittee consents to such 69 
review; (2) any other identifiable patient in the image or recording 70 
consents to such review; (3) such review shall be conducted in 71  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
4 of 15 
 
accordance with the provisions of subsection (d) of section 17a-596 of 72 
the general statutes; and (4) the image or recording for which review is 73 
sought is not the subject of a pending criminal investigation by state or 74 
local law enforcement officials, including any agency police of the 75 
Department of Mental Health and Addiction Services, for which there 76 
exists a record of such investigation or a pending criminal prosecution. 77 
The Department of Mental Health and Addiction Services, when 78 
permitting such review, shall adhere to all other provisions of the 79 
general statutes and federal law or regulation concerning the 80 
confidentiality of records and protected health information of 81 
psychiatric patients. As used in this section, "image or recording" 82 
includes, but is not limited to, a still or electronically stored 83 
photograph and any video or audio recording stored on any device. 84 
(b) Notwithstanding the provisions of subsection (a) of this section, 85 
any such image or recording shall remain the property of the 86 
Department of Mental Health and Addiction Services and shall be 87 
utilized and maintained in compliance with all applicable state and 88 
federal laws and regulations. 89 
Sec. 3. Section 53a-40 of the general statutes is repealed and the 90 
following is substituted in lieu thereof (Effective October 1, 2019): 91 
(a) A persistent dangerous felony offender is a person who: 92 
(1) (A) Stands convicted of manslaughter, arson, kidnapping, 93 
robbery in the first or second degree, assault in the first degree, home 94 
invasion, burglary in the first degree or burglary in the second degree 95 
with a firearm, and (B) has been, prior to the commission of the present 96 
crime, convicted of and imprisoned under a sentence to a term of 97 
imprisonment of more than one year or of death, in this state or in any 98 
other state or in a federal correctional institution, for any of the 99 
following crimes: (i) The crimes enumerated in subparagraph (A) of 100 
this subdivision or an attempt to commit any of said crimes; or (ii) 101 
murder, sexual assault in the first or third degree, aggravated sexual 102 
assault in the first degree or sexual assault in the third degree with a 103  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
5 of 15 
 
firearm, or an attempt to commit any of said crimes; or (iii) prior to 104 
October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 105 
or 53a-78 of the general statutes, revision of 1958, revised to 1975, or 106 
prior to October 1, 1971, in this state, assault with intent to kill under 107 
section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 108 
53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, 109 
inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes, 110 
revision of 1958, revised to 1968, or any predecessor statutes in this 111 
state, or an attempt to commit any of said crimes; or (iv) in any other 112 
state, any crimes the essential elements of which are substantially the 113 
same as any of the crimes enumerated in subparagraph (A) of this 114 
subdivision or this subparagraph; or 115 
(2) (A) Stands convicted of sexual assault in the first or third degree, 116 
aggravated sexual assault in the first degree or sexual assault in the 117 
third degree with a firearm, and (B) has been, prior to the commission 118 
of the present crime, convicted of and imprisoned under a sentence to 119 
a term of imprisonment of more than one year or of death, in this state 120 
or in any other state or in a federal correctional institution, for any of 121 
the following crimes: (i) Murder, manslaughter, arson, kidnapping, 122 
robbery in the first or second degree, assault in the first degree, home 123 
invasion, burglary in the first degree or burglary in the second degree 124 
with a firearm, or an attempt to commit any of said crimes; or (ii) prior 125 
to October 1, 1971, in this state, assault with intent to kill under section 126 
54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 127 
53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 128 
53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised 129 
to 1968, or any predecessor statutes in this state, or an attempt to 130 
commit any of said crimes; or (iii) in any other state, any crimes the 131 
essential elements of which are substantially the same as any of the 132 
crimes enumerated in subparagraph (A) of this subdivision or this 133 
subparagraph. 134 
(b) A persistent dangerous sexual offender is a person who (1) 135 
stands convicted of sexual assault in the first or third degree, 136  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
6 of 15 
 
aggravated sexual assault in the first degree or sexual assault in the 137 
third degree with a firearm, and (2) has been, prior to the commission 138 
of the present crime, convicted of and imprisoned under a sentence to 139 
a term of imprisonment of more than one year, in this state or in any 140 
other state or in a federal correctional institution, for (A) any of the 141 
crimes enumerated in subdivision (1) of this subsection, or (B) prior to 142 
October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 143 
or 53a-78 of the general statutes, revision of 1958, revised to 1975, or 144 
prior to October 1, 1971, in this state, any of the crimes enumerated in 145 
section 53-238 or 53-239 of the general statutes, revision of 1958, 146 
revised to 1968, or any predecessor statutes in this state, or an attempt 147 
to commit any of said crimes, or (C) in any other state, any crimes the 148 
essential elements of which are substantially the same as any of the 149 
crimes enumerated in subdivision (1) of this subsection or this 150 
subdivision. 151 
(c) A persistent serious felony offender is a person who (1) stands 152 
convicted of a felony, and (2) has been, prior to the commission of the 153 
present felony, convicted of and imprisoned under an imposed term of 154 
more than one year or of death, in this state or in any other state or in a 155 
federal correctional institution, for a crime. This subsection shall not 156 
apply where the present conviction is for a crime enumerated in 157 
subdivision (1) of subsection (a) of this section and the prior conviction 158 
was for a crime other than those enumerated in subsection (a) of this 159 
section. 160 
(d) A persistent serious sexual offender is a person, other than a 161 
person who qualifies as a persistent dangerous sexual offender under 162 
subsection (b) of this section, who qualifies as a persistent serious 163 
felony offender under subsection (c) of this section and the felony of 164 
which such person presently stands convicted is a violation of 165 
subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-166 
70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for 167 
a violation of section 53-21 of the general statutes, revised to January 1, 168 
1995, involving sexual contact, committed prior to October 1, 1995, a 169  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
7 of 15 
 
violation of subdivision (2) of section 53-21 of the general statutes, 170 
committed on or after October 1, 1995, and prior to October 1, 2000, a 171 
violation of subdivision (2) of subsection (a) of section 53-21 or a 172 
violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b. 173 
(e) A persistent larceny offender is a person who (1) stands 174 
convicted of larceny in the third degree in violation of the provisions of 175 
section 53a-124 in effect prior to October 1, 1982, or larceny in the 176 
fourth, fifth or sixth degree, and (2) has been, at separate times, [prior 177 
to the commission of the present larceny,] twice convicted of the crime 178 
of larceny for violations committed during the ten years prior to the 179 
commission of the present larceny. 180 
(f) A persistent offender for possession of a controlled substance is a 181 
person who (1) stands convicted of possession of a controlled 182 
substance in violation of the provisions of section 21a-279, and (2) has 183 
been, at separate times prior to the commission of the present 184 
possession of a controlled substance, twice convicted of the crime of 185 
possession of a controlled substance. 186 
(g) A persistent felony offender is a person who (1) stands convicted 187 
of a felony other than a class D felony, and (2) has been, at separate 188 
times prior to the commission of the present felony, twice convicted of 189 
a felony other than a class D felony. 190 
(h) It shall be an affirmative defense to the charge of being a 191 
persistent offender under this section that (1) as to any prior conviction 192 
on which the state is relying the defendant was pardoned on the 193 
ground of innocence, and (2) without such conviction, the defendant 194 
was not two or more times convicted and imprisoned as required by 195 
this section. 196 
(i) When any person has been found to be a persistent dangerous 197 
felony offender, the court, in lieu of imposing the sentence of 198 
imprisonment authorized by the general statutes for the crime of 199 
which such person presently stands convicted, shall (1) sentence such 200  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
8 of 15 
 
person to a term of imprisonment that is not (A) less than twice the 201 
minimum term of imprisonment authorized for such crime, or (B) 202 
more than twice the maximum term of imprisonment authorized for 203 
such crime or forty years, whichever is greater, provided, if a 204 
mandatory minimum term of imprisonment is authorized for such 205 
crime, such sentence shall include a mandatory minimum term of 206 
imprisonment that is twice such authorized mandatory minimum term 207 
of imprisonment, and (2) if such person has, at separate times prior to 208 
the commission of the present crime, been twice convicted of and 209 
imprisoned for any of the crimes enumerated in subsection (a) of this 210 
section, sentence such person to a term of imprisonment that is not less 211 
than three times the minimum term of imprisonment authorized for 212 
such crime or more than life, provided, if a mandatory minimum term 213 
of imprisonment is authorized for such crime, such sentence shall 214 
include a mandatory minimum term of imprisonment that is three 215 
times such authorized mandatory minimum term of imprisonment. 216 
(j) When any person has been found to be a persistent dangerous 217 
sexual offender, the court, in lieu of imposing the sentence of 218 
imprisonment authorized by section 53a-35a for the crime of which 219 
such person presently stands convicted, shall sentence such person to a 220 
term of imprisonment and a period of special parole pursuant to 221 
subsection (b) of section 53a-28 which together constitute a sentence of 222 
imprisonment for life, as defined in section 53a-35b. 223 
(k) When any person has been found to be a persistent serious 224 
felony offender, the court in lieu of imposing the sentence of 225 
imprisonment authorized by section 53a-35 for the crime of which such 226 
person presently stands convicted, or authorized by section 53a-35a if 227 
the crime of which such person presently stands convicted was 228 
committed on or after July 1, 1981, may impose the sentence of 229 
imprisonment authorized by said section for the next more serious 230 
degree of felony. 231 
(l) When any person has been found to be a persistent serious sexual 232 
offender, the court, in lieu of imposing the sentence of imprisonment 233  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
9 of 15 
 
authorized by section 53a-35a for the crime of which such person 234 
presently stands convicted, may impose a sentence of imprisonment 235 
and a period of special parole pursuant to subsection (b) of section 53a-236 
28 which together constitute the maximum sentence specified by 237 
section 53a-35a for the next more serious degree of felony. 238 
(m) (1) When any person has been found to be a persistent larceny 239 
offender, the court, in lieu of imposing the sentence authorized by 240 
section 53a-36 for the crime of which such person presently stands 241 
convicted, may impose the sentence of imprisonment for a class D 242 
felony authorized by section 53a-35, if the crime of which such person 243 
presently stands convicted was committed prior to July 1, 1981, or 244 
authorized by section 53a-35a, if the crime of which such person 245 
presently stands convicted was committed on or after July 1, 1981, but 246 
prior to October 1, 2019. 247 
(2) When any person has been found to be a persistent larceny 248 
offender, the court, in lieu of imposing the sentence authorized by 249 
section 53a-36 for the crime of which such person presently stands 250 
convicted for a violation committed on or after October 1, 2019, may 251 
impose the sentence of (A) imprisonment for a class E felony 252 
authorized by section 53a-35a, if such person presently stands 253 
convicted of a violation of section 53a-125, or (B) imprisonment 254 
authorized by section 53a-36 for the next more serious degree of 255 
misdemeanor authorized under section 53a-36 if such person presently 256 
stands convicted of a violation of section 53a-125a or 53a-125b. 257 
(n) When any person has been found to be a persistent offender for 258 
possession of a controlled substance, the court, in lieu of imposing the 259 
sentence authorized by section 53a-36 for the crime of which such 260 
person presently stands convicted, may impose the sentence of 261 
imprisonment for a class E felony authorized by section 53a-35a. 262 
(o) When any person has been found to be a persistent felony 263 
offender, the court, in lieu of imposing the sentence authorized by 264 
section 53a-35a for the crime of which such person presently stands 265  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
10 of 15 
 
convicted, may impose the sentence of imprisonment authorized by 266 
said section for the next more serious degree of felony; provided the 267 
sentence imposed may not be less than three years, and provided 268 
further three years of the sentence so imposed may not be suspended 269 
or reduced by the court. 270 
(p) (1) Whenever a person is arrested for any of the crimes 271 
enumerated in subsection (a) of this section, the prosecuting authority 272 
shall investigate and ascertain whether such person has, at separate 273 
times prior to the commission of the present crime, been twice 274 
convicted of and imprisoned for any of the crimes enumerated in said 275 
subsection (a) and would be eligible to be sentenced under subsection 276 
(i) of this section if convicted of such crime. 277 
(2) If the prosecuting authority ascertains that such person has, at 278 
separate times prior to the commission of the present crime, been twice 279 
convicted of and imprisoned for any of the crimes enumerated in 280 
subsection (a) of this section and such person has been presented to a 281 
geographical area courthouse, the prosecuting authority shall cause 282 
such person to be transferred to a judicial district courthouse. This 283 
subdivision shall not apply to any person charged with larceny in the 284 
third, fourth, fifth or sixth degree for the present crime committed on 285 
or after October 1, 2019. 286 
(3) No court shall accept a plea of guilty, not guilty or nolo 287 
contendere from a person arrested for any of the crimes enumerated in 288 
subsection (a) of this section unless it finds that the prosecuting 289 
authority has complied with the requirements of subdivision (1) of this 290 
subsection. 291 
(4) If the prosecuting authority ascertains that such person has, at 292 
separate times prior to the commission of the present crime, been twice 293 
convicted of and imprisoned for any of the crimes enumerated in 294 
subsection (a) of this section but decides not to initiate proceedings to 295 
seek the sentence enhancement provided by subsection (i) of this 296 
section, the prosecuting authority shall state for the record the specific 297  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
11 of 15 
 
reason or reasons for not initiating such proceedings. 298 
(5) If the prosecuting authority ascertains that such person has, at 299 
separate times prior to the commission of the present crime, been twice 300 
convicted of and imprisoned for any of the crimes enumerated in 301 
subsection (a) of this section and initiates proceedings to seek the 302 
sentence enhancement provided by subsection (i) of this section, but 303 
subsequently decides to terminate such proceedings, the prosecuting 304 
authority shall state for the record the specific reason or reasons for 305 
terminating such proceedings. 306 
Sec. 4. Subsection (c) of section 54-64a of the general statutes is 307 
repealed and the following is substituted in lieu thereof (Effective 308 
October 1, 2019): 309 
(c) If the court determines that a nonfinancial condition of release 310 
should be imposed pursuant to subparagraph (B) of subdivision (1) of 311 
subsection (a) or (b) of this section, the court shall order the pretrial 312 
release of the person subject to the least restrictive condition or 313 
combination of conditions that the court determines will reasonably 314 
ensure the appearance of the arrested person in court and, with respect 315 
to the release of the person pursuant to subsection (b) of this section, 316 
that the safety of any other person will not be endangered, which 317 
conditions may include an order that the arrested person do one or 318 
more of the following: (1) Remain under the supervision of a 319 
designated person or organization; (2) comply with specified 320 
restrictions on such person's travel, association or place of abode; (3) 321 
not engage in specified activities, including the use or possession of a 322 
dangerous weapon; [, an intoxicant or a controlled substance;] (4) 323 
provide sureties of the peace pursuant to section 54-56f under 324 
supervision of a designated bail commissioner or intake, assessment 325 
and referral specialist employed by the Judicial Branch; (5) avoid all 326 
contact with an alleged victim of the crime and with a potential 327 
witness who may testify concerning the offense; (6) maintain 328 
employment or, if unemployed, actively seek employment; (7) 329 
maintain or commence an educational program; (8) be subject to 330  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
12 of 15 
 
electronic monitoring; or (9) satisfy any other condition that is 331 
reasonably necessary to ensure the appearance of the person in court 332 
and that the safety of any other person will not be endangered. The 333 
court shall state on the record its reasons for imposing any such 334 
nonfinancial condition. 335 
Sec. 5. Subsection (a) of section 54-56g of the general statutes is 336 
repealed and the following is substituted in lieu thereof (Effective from 337 
passage): 338 
(a) (1) There shall be a pretrial alcohol education program for 339 
persons charged with a violation of section 14-227a, 14-227g or 14-340 
227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 341 
section 15-133 or 15-140n. Upon application by any such person for 342 
participation in such program, [and payment] the court shall, but only 343 
as to the public, order the court file sealed, and such person shall pay 344 
to the court [of] an application fee of one hundred dollars and a 345 
nonrefundable evaluation fee of one hundred dollars, [the court shall, 346 
but only as to the public, order the court file sealed, provided such 347 
person states] and such person shall state under oath, in open court or 348 
before any person designated by the clerk and duly authorized to 349 
administer oaths, under penalties of perjury that: (A) If such person is 350 
charged with a violation of section 14-227a, 14-227g or 14-227m, 351 
subdivision (1) or (2) of subsection (a) of section 14-227n, subsection 352 
(d) of section 15-133 or section 15-140n, such person has not had such 353 
program invoked in such person's behalf within the preceding ten 354 
years for a violation of section 14-227a, 14-227g or 14-227m, 355 
subdivision (1) or (2) of subsection (a) of section 14-227n, subsection 356 
(d) of section 15-133 or section 15-140n, (B) such person has not been 357 
convicted of a violation of section 53a-56b or 53a-60d, a violation of 358 
subsection (a) of section 14-227a before, on or after October 1, 1981, a 359 
violation of subdivision (1) or (2) of subsection (a) of section 14-227a on 360 
or after October 1, 1985, a violation of section 14-227g, a violation of 361 
section 14-227m or a violation of subdivision (1) or (2) of subsection (a) 362 
of section 14-227n, (C) such person has not been convicted of a 363  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
13 of 15 
 
violation of section 15-132a, subsection (d) of section 15-133, section 15-364 
140l or section 15-140n, (D) such person has not been convicted in any 365 
other state at any time of an offense the essential elements of which are 366 
substantially the same as section 53a-56b, 53a-60d, 15-132a, 15-140l or 367 
15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a, 368 
section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-369 
227n or subsection (d) of section 15-133, and (E) notice has been given 370 
by such person, by registered or certified mail on a form prescribed by 371 
the Office of the Chief Court Administrator, to each victim who 372 
sustained a serious physical injury, as defined in section 53a-3, which 373 
was caused by such person's alleged violation, that such person has 374 
applied to participate in the pretrial alcohol education program and 375 
that such victim has an opportunity to be heard by the court on the 376 
application. 377 
(2) The court shall provide each such victim who sustained a serious 378 
physical injury an opportunity to be heard prior to granting an 379 
application under this section. Unless good cause is shown, a person 380 
shall be ineligible for participation in such pretrial alcohol education 381 
program if such person's alleged violation of section 14-227a, 14-227g 382 
or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 383 
subsection (d) of section 15-133 caused the serious physical injury, as 384 
defined in section 53a-3, of another person. 385 
(3) The application fee imposed under this subsection shall be 386 
credited to the Criminal Injuries Compensation Fund established 387 
under section 54-215. The evaluation fee imposed under this 388 
subsection shall be credited to the pretrial account established under 389 
section 54-56k. 390 
Sec. 6. Subsection (b) of section 54-56i of the general statutes is 391 
repealed and the following is substituted in lieu thereof (Effective from 392 
passage): 393 
(b) Upon application by any such person for participation in such 394 
program, [and payment] the court shall, but only as to the public, 395  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
14 of 15 
 
order the court file sealed, and such person shall pay to the court of an 396 
application fee of one hundred dollars and a nonrefundable evaluation 397 
fee of one hundred fifty dollars. [, the court shall, but only as to the 398 
public, order the court file sealed.] A person shall be ineligible for 399 
participation in such pretrial drug education and community service 400 
program if such person has twice previously participated in (1) the 401 
pretrial drug education program established under the provisions of 402 
this section in effect prior to October 1, 2013, (2) the community service 403 
labor program established under section 53a-39c, (3) the pretrial drug 404 
education and community service program established under this 405 
section, or (4) any of such programs, except that the court may allow a 406 
person who has twice previously participated in such programs to 407 
participate in the pretrial drug education and community service 408 
program one additional time, for good cause shown. The evaluation 409 
and application fee imposed under this subsection shall be credited to 410 
the pretrial account established under section 54-56k. 411 
Sec. 7. Subsection (a) of section 54-56j of the general statutes is 412 
repealed and the following is substituted in lieu thereof (Effective from 413 
passage): 414 
(a) There shall be a school violence prevention program for students 415 
of a public or private secondary school charged with an offense 416 
involving the use or threatened use of physical violence in or on the 417 
real property comprising a public or private elementary or secondary 418 
school or at a school-sponsored activity as defined in subsection (h) of 419 
section 10-233a. Upon application by any such person for participation 420 
in such program, the court shall, but only as to the public, order the 421 
court file sealed, [provided] and such person [states] shall state under 422 
oath, in open court or before any person designated by the clerk and 423 
duly authorized to administer oaths, under penalties of perjury that 424 
such person has never had such system invoked in such person's 425 
behalf and that such person has not been convicted of an offense 426 
involving the threatened use of physical violence in or on the real 427 
property comprising a public or private elementary or secondary 428  Substitute Bill No. 1055 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01055-
R01-SB.docx }   
15 of 15 
 
school or at a school-sponsored activity as defined in subsection (h) of 429 
section 10-233a, and that such person has not been convicted in any 430 
other state at any time of an offense the essential elements of which are 431 
substantially the same as such an offense. 432 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 from passage New section 
Sec. 3 October 1, 2019 53a-40 
Sec. 4 October 1, 2019 54-64a(c) 
Sec. 5 from passage 54-56g(a) 
Sec. 6 from passage 54-56i(b) 
Sec. 7 from passage 54-56j(a) 
 
JUD Joint Favorable Subst.