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.