Connecticut 2019 Regular Session

Connecticut Senate Bill SB01055 Compare Versions

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	7	+	General Assembly Substitute Bill No. 1055
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 1055
5		-
6		-	Public Act No. 19-151
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8	13
9	14		AN ACT ESTABLISHING A TASK FORCE TO STUD Y THE JUROR
10	15		SELECTION PROCESS, P ROVIDING ACCESS TO CERTAIN
11	16		RECORDS POSSESSED BY THE DEPARTMENT OF ME NTAL
12	17		HEALTH AND ADDICTION SERVICES, CONNECTICU T VALLEY
13		-	HOSPITAL AND THE PSY CHIATRIC SECURITY RE VIEW BOARD,
14		-	AND CONCERNING SENTE NCING OF PERSISTENT LARCENY
15		-	OFFENDERS AND CONFID ENTIALITY UPON APPLICATION TO A
	18	+	HOSPITAL AND THE PSY CHIATRIC SECURITY REVIEW BOARD AND
	19	+	CONCERNING SENTENCIN G OF PERSISTENT LARC ENY
	20	+	OFFENDERS, NONFINANC IAL CONDITIONS FOR PRETRIAL
	21	+	RELEASE AND CONFIDEN TIALITY UPON APPLICATION TO A
16	22		DIVERSIONARY PROGRAM .
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20		-	Section 1. (Effective from passage) (a) There is established a task force
21		-	to study jury selection in the state to determine whether processes
22		-	currently in place result in a fair cross-section of the community being
23		-	summoned for jury duty and whether a fair cross-section of the
24		-	community appear for jury service. In connection with such study, the
25		-	task force may (1) collect statistics and conduct data analysis of jurors
26		-	appearing for jury service, (2) review juror selection processes and
27		-	procedures utilized in other jurisdictions, and (3) conduct research that
28		-	is consistent with the objectives of the study. Such study shall be
29		-	undertaken with the objective of ensuring that the state's juror
30		-	selection processes encompass a full and fair representation of the
31		-	community at large.
32		-	(b) The task force shall consist of the following members: Substitute ~~Senate~~ Bill No. 1055
	26	+	Section 1. (Effective from passage) (a) There is established a task force 1
	27	+	to study jury selection in the state to determine whether processes 2
	28	+	currently in place result in a fair cross-section of the community being 3
	29	+	summoned for jury duty and whether a fair cross-section of the 4
	30	+	community appear for jury service. In connection with such study, the 5
	31	+	task force may (1) collect statistics and conduct data analysis of jurors 6
	32	+	appearing for jury service, (2) review juror selection processes and 7
	33	+	procedures utilized in other jurisdictions, and (3) conduct research that 8
	34	+	is consistent with the objectives of the study. Such study shall be 9
	35	+	undertaken with the objective of ensuring that the state's juror 10
	36	+	selection processes encompass a full and fair representation of the 11
	37	+	community at large. 12
	38	+	(b) The task force shall consist of the following members: 13 Substitute Bill No. 1055
33	39
34		-	Public Act No. 19-151 2 of 14
35	40
36		-	(1) The Chief Court Administrator, or the Chief Court
37		-	Administrator's designee;
38		-	(2) The Chief State's Attorney, or the Chief State's Attorney's
39		-	designee;
40		-	(3) The Chief Public Defender, or the Chief Public Defender's
41		-	designee;
42		-	(4) The Attorney General, or the Attorney General's designee;
43		-	(5) The Jury Administrator, or the Jury Administrator's designee;
44		-	(6) The president of the Connecticut Bar Association, or the
45		-	president's designee;
46		-	(7) The president of the South Asian Bar Association of Connecticut,
47		-	or the president's designee;
48		-	(8) The president of the George W. Crawford Black Bar Association,
49		-	or the president's designee;
50		-	(9) The president of the Connecticut Hispanic Bar Association, or
51		-	the president's designee;
52		-	(10) The president of the Connecticut Asian Pacific American Bar
53		-	Association, or the president's designee;
54		-	(11) The president of the Portuguese Bar Association of Connecticut,
55		-	or the president's designee;
56		-	(12) The president of the Connecticut Italian-American Bar
57		-	Association, or the president's designee; and
58		-	(13) The deans of The University of Connecticut School of Law,
59		-	Quinnipiac University School of Law and Yale Law School, or their
60		-	respective designees. Substitute Senate Bill No. 1055
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62		-	Public Act No. 19-151 3 of 14
	45	+	(1) The Chief Court Administrator, or the Chief Court 14
	46	+	Administrator's designee; 15
	47	+	(2) The Chief State's Attorney, or the Chief State's Attorney's 16
	48	+	designee; 17
	49	+	(3) The Chief Public Defender, or the Chief Public Defender's 18
	50	+	designee; 19
	51	+	(4) The Attorney General, or the Attorney General's designee; 20
	52	+	(5) The Jury Administrator, or the Jury Administrator's designee; 21
	53	+	(6) The president of the Connecticut Bar Association, or the 22
	54	+	president's designee; 23
	55	+	(7) The president of the South Asian Bar Association of Connecticut, 24
	56	+	or the president's designee; 25
	57	+	(8) The president of the George W. Crawford Black Bar Association, 26
	58	+	or the president's designee; 27
	59	+	(9) The president of the Connecticut Hispanic Bar Association, or 28
	60	+	the president's designee; 29
	61	+	(10) The president of the Connecticut Asian Pacific American Bar 30
	62	+	Association, or the president's designee; 31
	63	+	(11) The president of the Portuguese Bar Association of Connecticut, 32
	64	+	or the president's designee; 33
	65	+	(12) The president of the Connecticut Italian-American Bar 34
	66	+	Association, or the president's designee; and 35
	67	+	(13) The deans of The University of Connecticut School of Law, 36
	68	+	Quinnipiac University School of Law and Yale Law School, or their 37
	69	+	respective designees. 38
	70	+	(c) All appointments to the task force shall be made not later than 39 Substitute Bill No. 1055
63	71
64		-	(c) All appointments to the task force shall be made not later than
65		-	thirty days after the effective date of this section. Any vacancy shall be
66		-	filled by the appointing authority.
67		-	(d) The Chief Court Administrator shall select the chairpersons of
68		-	the task force from among the members of the task force. Such
69		-	chairpersons shall schedule the first meeting of the task force, which
70		-	shall be held not later than sixty days after the effective date of this
71		-	section.
72		-	(e) The administrative staff of the joint standing committee of the
73		-	General Assembly having cognizance of matters relating to the
74		-	judiciary shall serve as administrative staff of the task force.
75		-	(f) Not later than July 1, 2020, the task force shall report on its
76		-	findings and recommendations to the joint standing committee of the
77		-	General Assembly having cognizance of matters relating to the
78		-	judiciary and to the Chief Court Administrator, in accordance with the
79		-	provisions of section 11-4a of the general statutes. Such
80		-	recommendations may include statutory revisions that would enhance
81		-	the representativeness of the juror array. The task force shall terminate
82		-	on the date that it submits such report or July 1, 2020, whichever is
83		-	later.
84		-	Sec. 2. (NEW) (Effective from passage) (a) Any image or recording of
85		-	an acquittee, who is under the jurisdiction of the Psychiatric Security
86		-	Review Board, that is recorded within or on the property of any
87		-	inpatient facility of the Department of Mental Health and Addiction
88		-	Services where the acquittee receives treatment, shall be reviewable by
89		-	counsel representing the acquittee in any matter before the Psychiatric
90		-	Security Review Board or the Superior Court related to the jurisdiction
91		-	of the Psychiatric Security Review Board upon written request made to
92		-	the director of such facility. The director of such facility shall permit
93		-	such review to occur not later than thirty days after the date of receipt Substitute Senate Bill No. 1055
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97		-	of the written request, provided (1) the acquittee consents to such
98		-	review; (2) any other identifiable patient in the image or recording
99		-	consents to such review; (3) such review shall be conducted in
100		-	accordance with the provisions of subsection (d) of section 17a-596 of
101		-	the general statutes; and (4) the image or recording for which review is
102		-	sought is not the subject of a pending criminal investigation by state or
103		-	local law enforcement officials, including any agency police of the
104		-	Department of Mental Health and Addiction Services, for which there
105		-	exists a record of such investigation or a pending criminal prosecution.
106		-	The Department of Mental Health and Addiction Services, when
107		-	permitting such review, shall adhere to all other provisions of the
108		-	general statutes and federal law or regulation concerning the
109		-	confidentiality of records and protected health information of
110		-	psychiatric patients. As used in this section, "image or recording"
111		-	includes, but is not limited to, a still or electronically stored
112		-	photograph and any video or audio recording stored on any device.
113		-	(b) Notwithstanding the provisions of subsection (a) of this section,
114		-	any such image or recording shall remain the property of the
115		-	Department of Mental Health and Addiction Services and shall be
116		-	utilized and maintained in compliance with all applicable state and
117		-	federal laws and regulations.
118		-	Sec. 3. Section 53a-40 of the general statutes is repealed and the
119		-	following is substituted in lieu thereof (Effective October 1, 2019):
120		-	(a) A persistent dangerous felony offender is a person who:
121		-	(1) (A) Stands convicted of 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, and (B) has been, prior to the commission of the present
125		-	crime, convicted of and imprisoned under a sentence to a term of
126		-	imprisonment of more than one year or of death, in this state or in any Substitute Senate Bill No. 1055
	77	+	thirty days after the effective date of this section. Any vacancy shall be 40
	78	+	filled by the appointing authority. 41
	79	+	(d) The Chief Court Administrator shall select the chairpersons of 42
	80	+	the task force from among the members of the task force. Such 43
	81	+	chairpersons shall schedule the first meeting of the task force, which 44
	82	+	shall be held not later than sixty days after the effective date of this 45
	83	+	section. 46
	84	+	(e) The administrative staff of the joint standing committee of the 47
	85	+	General Assembly having cognizance of matters relating to the 48
	86	+	judiciary shall serve as administrative staff of the task force. 49
	87	+	(f) Not later than July 1, 2020, the task force shall report on its 50
	88	+	findings and recommendations to the joint standing committee of the 51
	89	+	General Assembly having cognizance of matters relating to the 52
	90	+	judiciary and to the Chief Court Administrator, in accordance with the 53
	91	+	provisions of section 11-4a of the general statutes. Such 54
	92	+	recommendations may include statutory revisions that would enhance 55
	93	+	the representativeness of the juror array. The task force shall terminate 56
	94	+	on the date that it submits such report or July 1, 2020, whichever is 57
	95	+	later. 58
	96	+	Sec. 2. (NEW) (Effective from passage) (a) Any image or recording of 59
	97	+	an acquittee, who is under the jurisdiction of the Psychiatric Security 60
	98	+	Review Board, that is recorded within or on the property of any 61
	99	+	inpatient facility of the Department of Mental Health and Addiction 62
	100	+	Services where the acquittee receives treatment, shall be reviewable by 63
	101	+	counsel representing the acquittee in any matter before the Psychiatric 64
	102	+	Security Review Board or the Superior Court related to the jurisdiction 65
	103	+	of the Psychiatric Security Review Board upon written request made to 66
	104	+	the director of such facility. The director of such facility shall permit 67
	105	+	such review to occur not later than thirty days after the date of receipt 68
	106	+	of the written request, provided (1) the acquittee consents to such 69
	107	+	review; (2) any other identifiable patient in the image or recording 70
	108	+	consents to such review; (3) such review shall be conducted in 71 Substitute Bill No. 1055
127	109
128		-	Public Act No. 19-151 5 of 14
129	110
130		-	other state or in a federal correctional institution, for any of the
131		-	following crimes: (i) The crimes enumerated in subparagraph (A) of
132		-	this subdivision or an attempt to commit any of said crimes; or (ii)
133		-	murder, sexual assault in the first or third degree, aggravated sexual
134		-	assault in the first degree or sexual assault in the third degree with a
135		-	firearm, or an attempt to commit any of said crimes; or (iii) prior to
136		-	October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75
137		-	or 53a-78 of the general statutes, revision of 1958, revised to 1975, or
138		-	prior to October 1, 1971, in this state, assault with intent to kill under
139		-	section 54-117, or any of the crimes enumerated in sections 53-9, 53-10,
140		-	53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80,
141		-	inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes,
142		-	revision of 1958, revised to 1968, or any predecessor statutes in this
143		-	state, or an attempt to commit any of said crimes; or (iv) in any other
144		-	state, any crimes the essential elements of which are substantially the
145		-	same as any of the crimes enumerated in subparagraph (A) of this
146		-	subdivision or this subparagraph; or
147		-	(2) (A) Stands convicted of sexual assault in the first or third degree,
148		-	aggravated sexual assault in the first degree or sexual assault in the
149		-	third degree with a firearm, and (B) has been, prior to the commission
150		-	of the present crime, convicted of and imprisoned under a sentence to
151		-	a term of imprisonment of more than one year or of death, in this state
152		-	or in any other state or in a federal correctional institution, for any of
153		-	the following crimes: (i) Murder, manslaughter, arson, kidnapping,
154		-	robbery in the first or second degree, assault in the first degree, home
155		-	invasion, burglary in the first degree or burglary in the second degree
156		-	with a firearm, or an attempt to commit any of said crimes; or (ii) prior
157		-	to October 1, 1971, in this state, assault with intent to kill under section
158		-	54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11,
159		-	53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive,
160		-	53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised
161		-	to 1968, or any predecessor statutes in this state, or an attempt to Substitute Senate Bill No. 1055
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163		-	Public Act No. 19-151 6 of 14
	115	+	accordance with the provisions of subsection (d) of section 17a-596 of 72
	116	+	the general statutes; and (4) the image or recording for which review is 73
	117	+	sought is not the subject of a pending criminal investigation by state or 74
	118	+	local law enforcement officials, including any agency police of the 75
	119	+	Department of Mental Health and Addiction Services, for which there 76
	120	+	exists a record of such investigation or a pending criminal prosecution. 77
	121	+	The Department of Mental Health and Addiction Services, when 78
	122	+	permitting such review, shall adhere to all other provisions of the 79
	123	+	general statutes and federal law or regulation concerning the 80
	124	+	confidentiality of records and protected health information of 81
	125	+	psychiatric patients. As used in this section, "image or recording" 82
	126	+	includes, but is not limited to, a still or electronically stored 83
	127	+	photograph and any video or audio recording stored on any device. 84
	128	+	(b) Notwithstanding the provisions of subsection (a) of this section, 85
	129	+	any such image or recording shall remain the property of the 86
	130	+	Department of Mental Health and Addiction Services and shall be 87
	131	+	utilized and maintained in compliance with all applicable state and 88
	132	+	federal laws and regulations. 89
	133	+	Sec. 3. Section 53a-40 of the general statutes is repealed and the 90
	134	+	following is substituted in lieu thereof (Effective October 1, 2019): 91
	135	+	(a) A persistent dangerous felony offender is a person who: 92
	136	+	(1) (A) Stands convicted of manslaughter, arson, kidnapping, 93
	137	+	robbery in the first or second degree, assault in the first degree, home 94
	138	+	invasion, burglary in the first degree or burglary in the second degree 95
	139	+	with a firearm, and (B) has been, prior to the commission of the present 96
	140	+	crime, convicted of and imprisoned under a sentence to a term of 97
	141	+	imprisonment of more than one year or of death, in this state or in any 98
	142	+	other state or in a federal correctional institution, for any of the 99
	143	+	following crimes: (i) The crimes enumerated in subparagraph (A) of 100
	144	+	this subdivision or an attempt to commit any of said crimes; or (ii) 101
	145	+	murder, sexual assault in the first or third degree, aggravated sexual 102
	146	+	assault in the first degree or sexual assault in the third degree with a 103 Substitute Bill No. 1055
164	147
165		-	commit any of said crimes; or (iii) in any other state, any crimes the
166		-	essential elements of which are substantially the same as any of the
167		-	crimes enumerated in subparagraph (A) of this subdivision or this
168		-	subparagraph.
169		-	(b) A persistent dangerous sexual offender is a person who (1)
170		-	stands convicted of sexual assault in the first or third degree,
171		-	aggravated sexual assault in the first degree or sexual assault in the
172		-	third degree with a firearm, and (2) has been, prior to the commission
173		-	of the present crime, convicted of and imprisoned under a sentence to
174		-	a term of imprisonment of more than one year, in this state or in any
175		-	other state or in a federal correctional institution, for (A) any of the
176		-	crimes enumerated in subdivision (1) of this subsection, or (B) prior to
177		-	October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75
178		-	or 53a-78 of the general statutes, revision of 1958, revised to 1975, or
179		-	prior to October 1, 1971, in this state, any of the crimes enumerated in
180		-	section 53-238 or 53-239 of the general statutes, revision of 1958,
181		-	revised to 1968, or any predecessor statutes in this state, or an attempt
182		-	to commit any of said crimes, or (C) in any other state, any crimes the
183		-	essential elements of which are substantially the same as any of the
184		-	crimes enumerated in subdivision (1) of this subsection or this
185		-	subdivision.
186		-	(c) A persistent serious felony offender is a person who (1) stands
187		-	convicted of a felony, and (2) has been, prior to the commission of the
188		-	present felony, convicted of and imprisoned under an imposed term of
189		-	more than one year or of death, in this state or in any other state or in a
190		-	federal correctional institution, for a crime. This subsection shall not
191		-	apply where the present conviction is for a crime enumerated in
192		-	subdivision (1) of subsection (a) of this section and the prior conviction
193		-	was for a crime other than those enumerated in subsection (a) of this
194		-	section.
195		-	(d) A persistent serious sexual offender is a person, other than a Substitute Senate Bill No. 1055
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198	152
199		-	person who qualifies as a persistent dangerous sexual offender under
200		-	subsection (b) of this section, who qualifies as a persistent serious
201		-	felony offender under subsection (c) of this section and the felony of
202		-	which such person presently stands convicted is a violation of
203		-	subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-
204		-	70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for
205		-	a violation of section 53-21 of the general statutes, revised to January 1,
206		-	1995, involving sexual contact, committed prior to October 1, 1995, a
207		-	violation of subdivision (2) of section 53-21 of the general statutes,
208		-	committed on or after October 1, 1995, and prior to October 1, 2000, a
209		-	violation of subdivision (2) of subsection (a) of section 53-21 or a
210		-	violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.
211		-	(e) A persistent larceny offender is a person who (1) stands
212		-	convicted of larceny in the third degree in violation of the provisions of
213		-	section 53a-124 in effect prior to October 1, 1982, or larceny in the
214		-	fourth, fifth or sixth degree, and (2) has been, at separate times, [prior
215		-	to the commission of the present larceny,] twice convicted of the crime
216		-	of larceny for violations committed during the ten years prior to the
217		-	commission of the present larceny.
218		-	(f) A persistent offender for possession of a controlled substance is a
219		-	person who (1) stands convicted of possession of a controlled
220		-	substance in violation of the provisions of section 21a-279, and (2) has
221		-	been, at separate times prior to the commission of the present
222		-	possession of a controlled substance, twice convicted of the crime of
223		-	possession of a controlled substance.
224		-	(g) A persistent felony offender is a person who (1) stands convicted
225		-	of a felony other than a class D felony, and (2) has been, at separate
226		-	times prior to the commission of the present felony, twice convicted of
227		-	a felony other than a class D felony.
228		-	(h) It shall be an affirmative defense to the charge of being a Substitute Senate Bill No. 1055
	153	+	firearm, or an attempt to commit any of said crimes; or (iii) prior to 104
	154	+	October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 105
	155	+	or 53a-78 of the general statutes, revision of 1958, revised to 1975, or 106
	156	+	prior to October 1, 1971, in this state, assault with intent to kill under 107
	157	+	section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 108
	158	+	53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, 109
	159	+	inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes, 110
	160	+	revision of 1958, revised to 1968, or any predecessor statutes in this 111
	161	+	state, or an attempt to commit any of said crimes; or (iv) in any other 112
	162	+	state, any crimes the essential elements of which are substantially the 113
	163	+	same as any of the crimes enumerated in subparagraph (A) of this 114
	164	+	subdivision or this subparagraph; or 115
	165	+	(2) (A) Stands convicted of sexual assault in the first or third degree, 116
	166	+	aggravated sexual assault in the first degree or sexual assault in the 117
	167	+	third degree with a firearm, and (B) has been, prior to the commission 118
	168	+	of the present crime, convicted of and imprisoned under a sentence to 119
	169	+	a term of imprisonment of more than one year or of death, in this state 120
	170	+	or in any other state or in a federal correctional institution, for any of 121
	171	+	the following crimes: (i) Murder, manslaughter, arson, kidnapping, 122
	172	+	robbery in the first or second degree, assault in the first degree, home 123
	173	+	invasion, burglary in the first degree or burglary in the second degree 124
	174	+	with a firearm, or an attempt to commit any of said crimes; or (ii) prior 125
	175	+	to October 1, 1971, in this state, assault with intent to kill under section 126
	176	+	54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 127
	177	+	53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 128
	178	+	53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised 129
	179	+	to 1968, or any predecessor statutes in this state, or an attempt to 130
	180	+	commit any of said crimes; or (iii) in any other state, any crimes the 131
	181	+	essential elements of which are substantially the same as any of the 132
	182	+	crimes enumerated in subparagraph (A) of this subdivision or this 133
	183	+	subparagraph. 134
	184	+	(b) A persistent dangerous sexual offender is a person who (1) 135
	185	+	stands convicted of sexual assault in the first or third degree, 136 Substitute Bill No. 1055
229	186
230		-	Public Act No. 19-151 8 of 14
231	187
232		-	persistent offender under this section that (1) as to any prior conviction
233		-	on which the state is relying the defendant was pardoned on the
234		-	ground of innocence, and (2) without such conviction, the defendant
235		-	was not two or more times convicted and imprisoned as required by
236		-	this section.
237		-	(i) When any person has been found to be a persistent dangerous
238		-	felony offender, the court, in lieu of imposing the sentence of
239		-	imprisonment authorized by the general statutes for the crime of
240		-	which such person presently stands convicted, shall (1) sentence such
241		-	person to a term of imprisonment that is not (A) less than twice the
242		-	minimum term of imprisonment authorized for such crime, or (B)
243		-	more than twice the maximum term of imprisonment authorized for
244		-	such crime or forty years, whichever is greater, provided, if a
245		-	mandatory minimum term of imprisonment is authorized for such
246		-	crime, such sentence shall include a mandatory minimum term of
247		-	imprisonment that is twice such authorized mandatory minimum term
248		-	of imprisonment, and (2) if such person has, at separate times prior to
249		-	the commission of the present crime, been twice convicted of and
250		-	imprisoned for any of the crimes enumerated in subsection (a) of this
251		-	section, sentence such person to a term of imprisonment that is not less
252		-	than three times the minimum term of imprisonment authorized for
253		-	such crime or more than life, provided, if a mandatory minimum term
254		-	of imprisonment is authorized for such crime, such sentence shall
255		-	include a mandatory minimum term of imprisonment that is three
256		-	times such authorized mandatory minimum term of imprisonment.
257		-	(j) When any person has been found to be a persistent dangerous
258		-	sexual offender, the court, in lieu of imposing the sentence of
259		-	imprisonment authorized by section 53a-35a for the crime of which
260		-	such person presently stands convicted, shall sentence such person to a
261		-	term of imprisonment and a period of special parole pursuant to
262		-	subsection (b) of section 53a-28 which together constitute a sentence of Substitute Senate Bill No. 1055
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	192	+	aggravated sexual assault in the first degree or sexual assault in the 137
	193	+	third degree with a firearm, and (2) has been, prior to the commission 138
	194	+	of the present crime, convicted of and imprisoned under a sentence to 139
	195	+	a term of imprisonment of more than one year, in this state or in any 140
	196	+	other state or in a federal correctional institution, for (A) any of the 141
	197	+	crimes enumerated in subdivision (1) of this subsection, or (B) prior to 142
	198	+	October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 143
	199	+	or 53a-78 of the general statutes, revision of 1958, revised to 1975, or 144
	200	+	prior to October 1, 1971, in this state, any of the crimes enumerated in 145
	201	+	section 53-238 or 53-239 of the general statutes, revision of 1958, 146
	202	+	revised to 1968, or any predecessor statutes in this state, or an attempt 147
	203	+	to commit any of said crimes, or (C) in any other state, any crimes the 148
	204	+	essential elements of which are substantially the same as any of the 149
	205	+	crimes enumerated in subdivision (1) of this subsection or this 150
	206	+	subdivision. 151
	207	+	(c) A persistent serious felony offender is a person who (1) stands 152
	208	+	convicted of a felony, and (2) has been, prior to the commission of the 153
	209	+	present felony, convicted of and imprisoned under an imposed term of 154
	210	+	more than one year or of death, in this state or in any other state or in a 155
	211	+	federal correctional institution, for a crime. This subsection shall not 156
	212	+	apply where the present conviction is for a crime enumerated in 157
	213	+	subdivision (1) of subsection (a) of this section and the prior conviction 158
	214	+	was for a crime other than those enumerated in subsection (a) of this 159
	215	+	section. 160
	216	+	(d) A persistent serious sexual offender is a person, other than a 161
	217	+	person who qualifies as a persistent dangerous sexual offender under 162
	218	+	subsection (b) of this section, who qualifies as a persistent serious 163
	219	+	felony offender under subsection (c) of this section and the felony of 164
	220	+	which such person presently stands convicted is a violation of 165
	221	+	subdivision (2) of subsection (a) of section 53-21, or section 53a-70, 53a-166
	222	+	70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for 167
	223	+	a violation of section 53-21 of the general statutes, revised to January 1, 168
	224	+	1995, involving sexual contact, committed prior to October 1, 1995, a 169 Substitute Bill No. 1055
265	225
266		-	imprisonment for life, as defined in section 53a-35b.
267		-	(k) When any person has been found to be a persistent serious
268		-	felony offender, the court in lieu of imposing the sentence of
269		-	imprisonment authorized by section 53a-35 for the crime of which such
270		-	person presently stands convicted, or authorized by section 53a-35a if
271		-	the crime of which such person presently stands convicted was
272		-	committed on or after July 1, 1981, may impose the sentence of
273		-	imprisonment authorized by said section for the next more serious
274		-	degree of felony.
275		-	(l) When any person has been found to be a persistent serious sexual
276		-	offender, the court, in lieu of imposing the sentence of imprisonment
277		-	authorized by section 53a-35a for the crime of which such person
278		-	presently stands convicted, may impose a sentence of imprisonment
279		-	and a period of special parole pursuant to subsection (b) of section 53a-
280		-	28 which together constitute the maximum sentence specified by
281		-	section 53a-35a for the next more serious degree of felony.
282		-	(m) (1) When any person has been found to be a persistent larceny
283		-	offender, the court, in lieu of imposing the sentence authorized by
284		-	section 53a-36 for the crime of which such person presently stands
285		-	convicted, may impose the sentence of imprisonment for a class D
286		-	felony authorized by section 53a-35, if the crime of which such person
287		-	presently stands convicted was committed prior to July 1, 1981, or
288		-	authorized by section 53a-35a, if the crime of which such person
289		-	presently stands convicted was committed on or after July 1, 1981, but
290		-	prior to October 1, 2019.
291		-	(2) When any person has been found to be a persistent larceny
292		-	offender, the court, in lieu of imposing the sentence authorized by
293		-	section 53a-36 for the crime of which such person presently stands
294		-	convicted for a violation committed on or after October 1, 2019, may
295		-	impose the sentence of (A) imprisonment for a class E felony Substitute Senate Bill No. 1055
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298	230
299		-	authorized by section 53a-35a, if such person presently stands
300		-	convicted of a violation of section 53a-125, or (B) imprisonment
301		-	authorized by section 53a-36 for the next more serious degree of
302		-	misdemeanor authorized under section 53a-36 if such person presently
303		-	stands convicted of a violation of section 53a-125a or 53a-125b.
304		-	(n) When any person has been found to be a persistent offender for
305		-	possession of a controlled substance, the court, in lieu of imposing the
306		-	sentence authorized by section 53a-36 for the crime of which such
307		-	person presently stands convicted, may impose the sentence of
308		-	imprisonment for a class E felony authorized by section 53a-35a.
309		-	(o) When any person has been found to be a persistent felony
310		-	offender, the court, in lieu of imposing the sentence authorized by
311		-	section 53a-35a for the crime of which such person presently stands
312		-	convicted, may impose the sentence of imprisonment authorized by
313		-	said section for the next more serious degree of felony; provided the
314		-	sentence imposed may not be less than three years, and provided
315		-	further three years of the sentence so imposed may not be suspended
316		-	or reduced by the court.
317		-	(p) (1) Whenever a person is arrested for any of the crimes
318		-	enumerated in subsection (a) of this section, the prosecuting authority
319		-	shall investigate and ascertain whether such person has, at separate
320		-	times prior to the commission of the present crime, been twice
321		-	convicted of and imprisoned for any of the crimes enumerated in said
322		-	subsection (a) and would be eligible to be sentenced under subsection
323		-	(i) of this section if convicted of such crime.
324		-	(2) If the prosecuting authority ascertains that such person has, at
325		-	separate times prior to the commission of the present crime, been twice
326		-	convicted of and imprisoned for any of the crimes enumerated in
327		-	subsection (a) of this section and such person has been presented to a
328		-	geographical area courthouse, the prosecuting authority shall cause Substitute Senate Bill No. 1055
	231	+	violation of subdivision (2) of section 53-21 of the general statutes, 170
	232	+	committed on or after October 1, 1995, and prior to October 1, 2000, a 171
	233	+	violation of subdivision (2) of subsection (a) of section 53-21 or a 172
	234	+	violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b. 173
	235	+	(e) A persistent larceny offender is a person who (1) stands 174
	236	+	convicted of larceny in the third degree in violation of the provisions of 175
	237	+	section 53a-124 in effect prior to October 1, 1982, or larceny in the 176
	238	+	fourth, fifth or sixth degree, and (2) has been, at separate times, [prior 177
	239	+	to the commission of the present larceny,] twice convicted of the crime 178
	240	+	of larceny for violations committed during the ten years prior to the 179
	241	+	commission of the present larceny. 180
	242	+	(f) A persistent offender for possession of a controlled substance is a 181
	243	+	person who (1) stands convicted of possession of a controlled 182
	244	+	substance in violation of the provisions of section 21a-279, and (2) has 183
	245	+	been, at separate times prior to the commission of the present 184
	246	+	possession of a controlled substance, twice convicted of the crime of 185
	247	+	possession of a controlled substance. 186
	248	+	(g) A persistent felony offender is a person who (1) stands convicted 187
	249	+	of a felony other than a class D felony, and (2) has been, at separate 188
	250	+	times prior to the commission of the present felony, twice convicted of 189
	251	+	a felony other than a class D felony. 190
	252	+	(h) It shall be an affirmative defense to the charge of being a 191
	253	+	persistent offender under this section that (1) as to any prior conviction 192
	254	+	on which the state is relying the defendant was pardoned on the 193
	255	+	ground of innocence, and (2) without such conviction, the defendant 194
	256	+	was not two or more times convicted and imprisoned as required by 195
	257	+	this section. 196
	258	+	(i) When any person has been found to be a persistent dangerous 197
	259	+	felony offender, the court, in lieu of imposing the sentence of 198
	260	+	imprisonment authorized by the general statutes for the crime of 199
	261	+	which such person presently stands convicted, shall (1) sentence such 200 Substitute Bill No. 1055
329	262
330		-	Public Act No. 19-151 11 of 14
331	263
332		-	such person to be transferred to a judicial district courthouse.
333		-	(3) No court shall accept a plea of guilty, not guilty or nolo
334		-	contendere from a person arrested for any of the crimes enumerated in
335		-	subsection (a) of this section unless it finds that the prosecuting
336		-	authority has complied with the requirements of subdivision (1) of this
337		-	subsection.
338		-	(4) If the prosecuting authority ascertains that such person has, at
339		-	separate times prior to the commission of the present crime, been twice
340		-	convicted of and imprisoned for any of the crimes enumerated in
341		-	subsection (a) of this section but decides not to initiate proceedings to
342		-	seek the sentence enhancement provided by subsection (i) of this
343		-	section, the prosecuting authority shall state for the record the specific
344		-	reason or reasons for not initiating such proceedings.
345		-	(5) If the prosecuting authority ascertains that such person has, at
346		-	separate times prior to the commission of the present crime, been twice
347		-	convicted of and imprisoned for any of the crimes enumerated in
348		-	subsection (a) of this section and initiates proceedings to seek the
349		-	sentence enhancement provided by subsection (i) of this section, but
350		-	subsequently decides to terminate such proceedings, the prosecuting
351		-	authority shall state for the record the specific reason or reasons for
352		-	terminating such proceedings.
353		-	Sec. 4. Subsection (a) of section 54-56g of the general statutes is
354		-	repealed and the following is substituted in lieu thereof (Effective from
355		-	passage):
356		-	(a) (1) There shall be a pretrial alcohol education program for
357		-	persons charged with a violation of section 14-227a, 14-227g or 14-
358		-	227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
359		-	section 15-133 or 15-140n. Upon application by any such person for
360		-	participation in such program, [and payment] the court shall, but only Substitute Senate Bill No. 1055
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	268	+	person to a term of imprisonment that is not (A) less than twice the 201
	269	+	minimum term of imprisonment authorized for such crime, or (B) 202
	270	+	more than twice the maximum term of imprisonment authorized for 203
	271	+	such crime or forty years, whichever is greater, provided, if a 204
	272	+	mandatory minimum term of imprisonment is authorized for such 205
	273	+	crime, such sentence shall include a mandatory minimum term of 206
	274	+	imprisonment that is twice such authorized mandatory minimum term 207
	275	+	of imprisonment, and (2) if such person has, at separate times prior to 208
	276	+	the commission of the present crime, been twice convicted of and 209
	277	+	imprisoned for any of the crimes enumerated in subsection (a) of this 210
	278	+	section, sentence such person to a term of imprisonment that is not less 211
	279	+	than three times the minimum term of imprisonment authorized for 212
	280	+	such crime or more than life, provided, if a mandatory minimum term 213
	281	+	of imprisonment is authorized for such crime, such sentence shall 214
	282	+	include a mandatory minimum term of imprisonment that is three 215
	283	+	times such authorized mandatory minimum term of imprisonment. 216
	284	+	(j) When any person has been found to be a persistent dangerous 217
	285	+	sexual offender, the court, in lieu of imposing the sentence of 218
	286	+	imprisonment authorized by section 53a-35a for the crime of which 219
	287	+	such person presently stands convicted, shall sentence such person to a 220
	288	+	term of imprisonment and a period of special parole pursuant to 221
	289	+	subsection (b) of section 53a-28 which together constitute a sentence of 222
	290	+	imprisonment for life, as defined in section 53a-35b. 223
	291	+	(k) When any person has been found to be a persistent serious 224
	292	+	felony offender, the court in lieu of imposing the sentence of 225
	293	+	imprisonment authorized by section 53a-35 for the crime of which such 226
	294	+	person presently stands convicted, or authorized by section 53a-35a if 227
	295	+	the crime of which such person presently stands convicted was 228
	296	+	committed on or after July 1, 1981, may impose the sentence of 229
	297	+	imprisonment authorized by said section for the next more serious 230
	298	+	degree of felony. 231
	299	+	(l) When any person has been found to be a persistent serious sexual 232
	300	+	offender, the court, in lieu of imposing the sentence of imprisonment 233 Substitute Bill No. 1055
363	301
364		-	as to the public, order the court file sealed, and such person shall pay
365		-	to the court [of] an application fee of one hundred dollars and a
366		-	nonrefundable evaluation fee of one hundred dollars, [the court shall,
367		-	but only as to the public, order the court file sealed, provided such
368		-	person states] and such person shall state under oath, in open court or
369		-	before any person designated by the clerk and duly authorized to
370		-	administer oaths, under penalties of perjury that: (A) If such person is
371		-	charged with a violation of section 14-227a, 14-227g or 14-227m,
372		-	subdivision (1) or (2) of subsection (a) of section 14-227n, subsection
373		-	(d) of section 15-133 or section 15-140n, such person has not had such
374		-	program invoked in such person's behalf within the preceding ten
375		-	years for a violation of section 14-227a, 14-227g or 14-227m,
376		-	subdivision (1) or (2) of subsection (a) of section 14-227n, subsection
377		-	(d) of section 15-133 or section 15-140n, (B) such person has not been
378		-	convicted of a violation of section 53a-56b or 53a-60d, a violation of
379		-	subsection (a) of section 14-227a before, on or after October 1, 1981, a
380		-	violation of subdivision (1) or (2) of subsection (a) of section 14-227a on
381		-	or after October 1, 1985, a violation of section 14-227g, a violation of
382		-	section 14-227m or a violation of subdivision (1) or (2) of subsection (a)
383		-	of section 14-227n, (C) such person has not been convicted of a
384		-	violation of section 15-132a, subsection (d) of section 15-133, section 15-
385		-	140l or section 15-140n, (D) such person has not been convicted in any
386		-	other state at any time of an offense the essential elements of which are
387		-	substantially the same as section 53a-56b, 53a-60d, 15-132a, 15-140l or
388		-	15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a,
389		-	section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-
390		-	227n or subsection (d) of section 15-133, and (E) notice has been given
391		-	by such person, by registered or certified mail on a form prescribed by
392		-	the Office of the Chief Court Administrator, to each victim who
393		-	sustained a serious physical injury, as defined in section 53a-3, which
394		-	was caused by such person's alleged violation, that such person has
395		-	applied to participate in the pretrial alcohol education program and
396		-	that such victim has an opportunity to be heard by the court on the Substitute Senate Bill No. 1055
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399	306
400		-	application.
401		-	(2) The court shall provide each such victim who sustained a serious
402		-	physical injury an opportunity to be heard prior to granting an
403		-	application under this section. Unless good cause is shown, a person
404		-	shall be ineligible for participation in such pretrial alcohol education
405		-	program if such person's alleged violation of section 14-227a, 14-227g
406		-	or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
407		-	subsection (d) of section 15-133 caused the serious physical injury, as
408		-	defined in section 53a-3, of another person.
409		-	(3) The application fee imposed under this subsection shall be
410		-	credited to the Criminal Injuries Compensation Fund established
411		-	under section 54-215. The evaluation fee imposed under this
412		-	subsection shall be credited to the pretrial account established under
413		-	section 54-56k.
414		-	Sec. 5. Subsection (b) of section 54-56i of the general statutes is
415		-	repealed and the following is substituted in lieu thereof (Effective from
416		-	passage):
417		-	(b) Upon application by any such person for participation in such
418		-	program, [and payment] the court shall, but only as to the public,
419		-	order the court file sealed, and such person shall pay to the court of an
420		-	application fee of one hundred dollars and a nonrefundable evaluation
421		-	fee of one hundred fifty dollars. [, the court shall, but only as to the
422		-	public, order the court file sealed.] A person shall be ineligible for
423		-	participation in such pretrial drug education and community service
424		-	program if such person has twice previously participated in (1) the
425		-	pretrial drug education program established under the provisions of
426		-	this section in effect prior to October 1, 2013, (2) the community service
427		-	labor program established under section 53a-39c, (3) the pretrial drug
428		-	education and community service program established under this
429		-	section, or (4) any of such programs, except that the court may allow a Substitute Senate Bill No. 1055
	307	+	authorized by section 53a-35a for the crime of which such person 234
	308	+	presently stands convicted, may impose a sentence of imprisonment 235
	309	+	and a period of special parole pursuant to subsection (b) of section 53a-236
	310	+	28 which together constitute the maximum sentence specified by 237
	311	+	section 53a-35a for the next more serious degree of felony. 238
	312	+	(m) (1) When any person has been found to be a persistent larceny 239
	313	+	offender, the court, in lieu of imposing the sentence authorized by 240
	314	+	section 53a-36 for the crime of which such person presently stands 241
	315	+	convicted, may impose the sentence of imprisonment for a class D 242
	316	+	felony authorized by section 53a-35, if the crime of which such person 243
	317	+	presently stands convicted was committed prior to July 1, 1981, or 244
	318	+	authorized by section 53a-35a, if the crime of which such person 245
	319	+	presently stands convicted was committed on or after July 1, 1981, but 246
	320	+	prior to October 1, 2019. 247
	321	+	(2) When any person has been found to be a persistent larceny 248
	322	+	offender, the court, in lieu of imposing the sentence authorized by 249
	323	+	section 53a-36 for the crime of which such person presently stands 250
	324	+	convicted for a violation committed on or after October 1, 2019, may 251
	325	+	impose the sentence of (A) imprisonment for a class E felony 252
	326	+	authorized by section 53a-35a, if such person presently stands 253
	327	+	convicted of a violation of section 53a-125, or (B) imprisonment 254
	328	+	authorized by section 53a-36 for the next more serious degree of 255
	329	+	misdemeanor authorized under section 53a-36 if such person presently 256
	330	+	stands convicted of a violation of section 53a-125a or 53a-125b. 257
	331	+	(n) When any person has been found to be a persistent offender for 258
	332	+	possession of a controlled substance, the court, in lieu of imposing the 259
	333	+	sentence authorized by section 53a-36 for the crime of which such 260
	334	+	person presently stands convicted, may impose the sentence of 261
	335	+	imprisonment for a class E felony authorized by section 53a-35a. 262
	336	+	(o) When any person has been found to be a persistent felony 263
	337	+	offender, the court, in lieu of imposing the sentence authorized by 264
	338	+	section 53a-35a for the crime of which such person presently stands 265 Substitute Bill No. 1055
430	339
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432	340
433		-	person who has twice previously participated in such programs to
434		-	participate in the pretrial drug education and community service
435		-	program one additional time, for good cause shown. The evaluation
436		-	and application fee imposed under this subsection shall be credited to
437		-	the pretrial account established under section 54-56k.
438		-	Sec. 6. Subsection (a) of section 54-56j of the general statutes is
439		-	repealed and the following is substituted in lieu thereof (Effective from
440		-	passage):
441		-	(a) There shall be a school violence prevention program for students
442		-	of a public or private secondary school charged with an offense
443		-	involving the use or threatened use of physical violence in or on the
444		-	real property comprising a public or private elementary or secondary
445		-	school or at a school-sponsored activity as defined in subsection (h) of
446		-	section 10-233a. Upon application by any such person for participation
447		-	in such program, the court shall, but only as to the public, order the
448		-	court file sealed, [provided] and such person [states] shall state under
449		-	oath, in open court or before any person designated by the clerk and
450		-	duly authorized to administer oaths, under penalties of perjury that
451		-	such person has never had such system invoked in such person's
452		-	behalf and that such person has not been convicted of an offense
453		-	involving the threatened use of physical violence in or on the real
454		-	property comprising a public or private elementary or secondary
455		-	school or at a school-sponsored activity as defined in subsection (h) of
456		-	section 10-233a, and that such person has not been convicted in any
457		-	other state at any time of an offense the essential elements of which are
458		-	substantially the same as such an offense.
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	345	+	convicted, may impose the sentence of imprisonment authorized by 266
	346	+	said section for the next more serious degree of felony; provided the 267
	347	+	sentence imposed may not be less than three years, and provided 268
	348	+	further three years of the sentence so imposed may not be suspended 269
	349	+	or reduced by the court. 270
	350	+	(p) (1) Whenever a person is arrested for any of the crimes 271
	351	+	enumerated in subsection (a) of this section, the prosecuting authority 272
	352	+	shall investigate and ascertain whether such person has, at separate 273
	353	+	times prior to the commission of the present crime, been twice 274
	354	+	convicted of and imprisoned for any of the crimes enumerated in said 275
	355	+	subsection (a) and would be eligible to be sentenced under subsection 276
	356	+	(i) of this section if convicted of such crime. 277
	357	+	(2) If the prosecuting authority ascertains that such person has, at 278
	358	+	separate times prior to the commission of the present crime, been twice 279
	359	+	convicted of and imprisoned for any of the crimes enumerated in 280
	360	+	subsection (a) of this section and such person has been presented to a 281
	361	+	geographical area courthouse, the prosecuting authority shall cause 282
	362	+	such person to be transferred to a judicial district courthouse. This 283
	363	+	subdivision shall not apply to any person charged with larceny in the 284
	364	+	third, fourth, fifth or sixth degree for the present crime committed on 285
	365	+	or after October 1, 2019. 286
	366	+	(3) No court shall accept a plea of guilty, not guilty or nolo 287
	367	+	contendere from a person arrested for any of the crimes enumerated in 288
	368	+	subsection (a) of this section unless it finds that the prosecuting 289
	369	+	authority has complied with the requirements of subdivision (1) of this 290
	370	+	subsection. 291
	371	+	(4) If the prosecuting authority ascertains that such person has, at 292
	372	+	separate times prior to the commission of the present crime, been twice 293
	373	+	convicted of and imprisoned for any of the crimes enumerated in 294
	374	+	subsection (a) of this section but decides not to initiate proceedings to 295
	375	+	seek the sentence enhancement provided by subsection (i) of this 296
	376	+	section, the prosecuting authority shall state for the record the specific 297 Substitute Bill No. 1055
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	382	+
	383	+	reason or reasons for not initiating such proceedings. 298
	384	+	(5) If the prosecuting authority ascertains that such person has, at 299
	385	+	separate times prior to the commission of the present crime, been twice 300
	386	+	convicted of and imprisoned for any of the crimes enumerated in 301
	387	+	subsection (a) of this section and initiates proceedings to seek the 302
	388	+	sentence enhancement provided by subsection (i) of this section, but 303
	389	+	subsequently decides to terminate such proceedings, the prosecuting 304
	390	+	authority shall state for the record the specific reason or reasons for 305
	391	+	terminating such proceedings. 306
	392	+	Sec. 4. Subsection (c) of section 54-64a of the general statutes is 307
	393	+	repealed and the following is substituted in lieu thereof (Effective 308
	394	+	October 1, 2019): 309
	395	+	(c) If the court determines that a nonfinancial condition of release 310
	396	+	should be imposed pursuant to subparagraph (B) of subdivision (1) of 311
	397	+	subsection (a) or (b) of this section, the court shall order the pretrial 312
	398	+	release of the person subject to the least restrictive condition or 313
	399	+	combination of conditions that the court determines will reasonably 314
	400	+	ensure the appearance of the arrested person in court and, with respect 315
	401	+	to the release of the person pursuant to subsection (b) of this section, 316
	402	+	that the safety of any other person will not be endangered, which 317
	403	+	conditions may include an order that the arrested person do one or 318
	404	+	more of the following: (1) Remain under the supervision of a 319
	405	+	designated person or organization; (2) comply with specified 320
	406	+	restrictions on such person's travel, association or place of abode; (3) 321
	407	+	not engage in specified activities, including the use or possession of a 322
	408	+	dangerous weapon; [, an intoxicant or a controlled substance;] (4) 323
	409	+	provide sureties of the peace pursuant to section 54-56f under 324
	410	+	supervision of a designated bail commissioner or intake, assessment 325
	411	+	and referral specialist employed by the Judicial Branch; (5) avoid all 326
	412	+	contact with an alleged victim of the crime and with a potential 327
	413	+	witness who may testify concerning the offense; (6) maintain 328
	414	+	employment or, if unemployed, actively seek employment; (7) 329
	415	+	maintain or commence an educational program; (8) be subject to 330 Substitute Bill No. 1055
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	421	+
	422	+	electronic monitoring; or (9) satisfy any other condition that is 331
	423	+	reasonably necessary to ensure the appearance of the person in court 332
	424	+	and that the safety of any other person will not be endangered. The 333
	425	+	court shall state on the record its reasons for imposing any such 334
	426	+	nonfinancial condition. 335
	427	+	Sec. 5. Subsection (a) of section 54-56g of the general statutes is 336
	428	+	repealed and the following is substituted in lieu thereof (Effective from 337
	429	+	passage): 338
	430	+	(a) (1) There shall be a pretrial alcohol education program for 339
	431	+	persons charged with a violation of section 14-227a, 14-227g or 14-340
	432	+	227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 341
	433	+	section 15-133 or 15-140n. Upon application by any such person for 342
	434	+	participation in such program, [and payment] the court shall, but only 343
	435	+	as to the public, order the court file sealed, and such person shall pay 344
	436	+	to the court [of] an application fee of one hundred dollars and a 345
	437	+	nonrefundable evaluation fee of one hundred dollars, [the court shall, 346
	438	+	but only as to the public, order the court file sealed, provided such 347
	439	+	person states] and such person shall state under oath, in open court or 348
	440	+	before any person designated by the clerk and duly authorized to 349
	441	+	administer oaths, under penalties of perjury that: (A) If such person is 350
	442	+	charged with a violation of section 14-227a, 14-227g or 14-227m, 351
	443	+	subdivision (1) or (2) of subsection (a) of section 14-227n, subsection 352
	444	+	(d) of section 15-133 or section 15-140n, such person has not had such 353
	445	+	program invoked in such person's behalf within the preceding ten 354
	446	+	years for a violation of section 14-227a, 14-227g or 14-227m, 355
	447	+	subdivision (1) or (2) of subsection (a) of section 14-227n, subsection 356
	448	+	(d) of section 15-133 or section 15-140n, (B) such person has not been 357
	449	+	convicted of a violation of section 53a-56b or 53a-60d, a violation of 358
	450	+	subsection (a) of section 14-227a before, on or after October 1, 1981, a 359
	451	+	violation of subdivision (1) or (2) of subsection (a) of section 14-227a on 360
	452	+	or after October 1, 1985, a violation of section 14-227g, a violation of 361
	453	+	section 14-227m or a violation of subdivision (1) or (2) of subsection (a) 362
	454	+	of section 14-227n, (C) such person has not been convicted of a 363 Substitute Bill No. 1055
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	459	+	13 of 15
	460	+
	461	+	violation of section 15-132a, subsection (d) of section 15-133, section 15-364
	462	+	140l or section 15-140n, (D) such person has not been convicted in any 365
	463	+	other state at any time of an offense the essential elements of which are 366
	464	+	substantially the same as section 53a-56b, 53a-60d, 15-132a, 15-140l or 367
	465	+	15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a, 368
	466	+	section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-369
	467	+	227n or subsection (d) of section 15-133, and (E) notice has been given 370
	468	+	by such person, by registered or certified mail on a form prescribed by 371
	469	+	the Office of the Chief Court Administrator, to each victim who 372
	470	+	sustained a serious physical injury, as defined in section 53a-3, which 373
	471	+	was caused by such person's alleged violation, that such person has 374
	472	+	applied to participate in the pretrial alcohol education program and 375
	473	+	that such victim has an opportunity to be heard by the court on the 376
	474	+	application. 377
	475	+	(2) The court shall provide each such victim who sustained a serious 378
	476	+	physical injury an opportunity to be heard prior to granting an 379
	477	+	application under this section. Unless good cause is shown, a person 380
	478	+	shall be ineligible for participation in such pretrial alcohol education 381
	479	+	program if such person's alleged violation of section 14-227a, 14-227g 382
	480	+	or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 383
	481	+	subsection (d) of section 15-133 caused the serious physical injury, as 384
	482	+	defined in section 53a-3, of another person. 385
	483	+	(3) The application fee imposed under this subsection shall be 386
	484	+	credited to the Criminal Injuries Compensation Fund established 387
	485	+	under section 54-215. The evaluation fee imposed under this 388
	486	+	subsection shall be credited to the pretrial account established under 389
	487	+	section 54-56k. 390
	488	+	Sec. 6. Subsection (b) of section 54-56i of the general statutes is 391
	489	+	repealed and the following is substituted in lieu thereof (Effective from 392
	490	+	passage): 393
	491	+	(b) Upon application by any such person for participation in such 394
	492	+	program, [and payment] the court shall, but only as to the public, 395 Substitute Bill No. 1055
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	498	+
	499	+	order the court file sealed, and such person shall pay to the court of an 396
	500	+	application fee of one hundred dollars and a nonrefundable evaluation 397
	501	+	fee of one hundred fifty dollars. [, the court shall, but only as to the 398
	502	+	public, order the court file sealed.] A person shall be ineligible for 399
	503	+	participation in such pretrial drug education and community service 400
	504	+	program if such person has twice previously participated in (1) the 401
	505	+	pretrial drug education program established under the provisions of 402
	506	+	this section in effect prior to October 1, 2013, (2) the community service 403
	507	+	labor program established under section 53a-39c, (3) the pretrial drug 404
	508	+	education and community service program established under this 405
	509	+	section, or (4) any of such programs, except that the court may allow a 406
	510	+	person who has twice previously participated in such programs to 407
	511	+	participate in the pretrial drug education and community service 408
	512	+	program one additional time, for good cause shown. The evaluation 409
	513	+	and application fee imposed under this subsection shall be credited to 410
	514	+	the pretrial account established under section 54-56k. 411
	515	+	Sec. 7. Subsection (a) of section 54-56j of the general statutes is 412
	516	+	repealed and the following is substituted in lieu thereof (Effective from 413
	517	+	passage): 414
	518	+	(a) There shall be a school violence prevention program for students 415
	519	+	of a public or private secondary school charged with an offense 416
	520	+	involving the use or threatened use of physical violence in or on the 417
	521	+	real property comprising a public or private elementary or secondary 418
	522	+	school or at a school-sponsored activity as defined in subsection (h) of 419
	523	+	section 10-233a. Upon application by any such person for participation 420
	524	+	in such program, the court shall, but only as to the public, order the 421
	525	+	court file sealed, [provided] and such person [states] shall state under 422
	526	+	oath, in open court or before any person designated by the clerk and 423
	527	+	duly authorized to administer oaths, under penalties of perjury that 424
	528	+	such person has never had such system invoked in such person's 425
	529	+	behalf and that such person has not been convicted of an offense 426
	530	+	involving the threatened use of physical violence in or on the real 427
	531	+	property comprising a public or private elementary or secondary 428 Substitute Bill No. 1055
	532	+
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	537	+
	538	+	school or at a school-sponsored activity as defined in subsection (h) of 429
	539	+	section 10-233a, and that such person has not been convicted in any 430
	540	+	other state at any time of an offense the essential elements of which are 431
	541	+	substantially the same as such an offense. 432
	542	+	This act shall take effect as follows and shall amend the following
	543	+	sections:
	544	+
	545	+	Section 1 from passage New section
	546	+	Sec. 2 from passage New section
	547	+	Sec. 3 October 1, 2019 53a-40
	548	+	Sec. 4 October 1, 2019 54-64a(c)
	549	+	Sec. 5 from passage 54-56g(a)
	550	+	Sec. 6 from passage 54-56i(b)
	551	+	Sec. 7 from passage 54-56j(a)
	552	+
	553	+	JUD Joint Favorable Subst.
459	554