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General Assembly Raised Bill No. 6594
January Session, 2021
LCO No. 4374
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E CRIMINAL JUSTICE PROCESS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 54-86 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2021): 3
(a) In any case involving an offense for which the punishment may 4
be imprisonment for more than one year, the Superior Court or a judge 5
thereof may, upon the application of the accused, or the state in the case 6
of a witness who is infirm and seventy-five years of age or older, order 7
that the deposition of a witness shall be taken before a commissioner, 8
judge or magistrate, to be designated by the court or judge, if it appears 9
that his or her testimony will be required at trial and that, by reason of 10
bodily infirmity, age or residence out of this state, he or she will be 11
unable to testify at trial. 12
Sec. 2. Section 53a-83 of the general statutes is repealed and the 13
following is substituted in lieu thereof (Effective October 1, 2021): 14
(a) A person is guilty of [patronizing a prostitute] soliciting sexual 15 Raised Bill No. 6594
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acts when: (1) Pursuant to a prior understanding, such person pays a fee 16
to another person as compensation for such person or a third person 17
having engaged in sexual conduct with such person; (2) such person 18
pays or agrees to pay a fee to another person pursuant to an 19
understanding that in return for such fee such other person or a third 20
person will engage in sexual conduct with such person; or (3) such 21
person solicits or requests another person to engage in sexual conduct 22
with such person in return for a fee. 23
(b) [Patronizing a prostitute] Soliciting sexual acts is a class A 24
misdemeanor and any person found guilty shall be fined two thousand 25
dollars. 26
Sec. 3. Section 53a-84 of the general statutes is repealed and the 27
following is substituted in lieu thereof (Effective October 1, 2021): 28
(a) In any prosecution for prostitution in violation of section 53a-82 29
or [patronizing a prostitute] soliciting sexual acts in violation of section 30
53a-83, as amended by this act, the sex of the two parties or prospective 31
parties to the sexual conduct engaged in, contemplated or solicited is 32
immaterial, and it shall be no defense that: (1) Such persons were of the 33
same sex; or (2) the person who received, agreed to receive or solicited 34
a fee was a male and the person who paid or agreed or offered to pay 35
such fee was a female. 36
(b) In any prosecution for [patronizing a prostitute] soliciting sexual 37
acts in violation of section 53a-83, as amended by this act, promoting 38
prostitution in violation of section 53a-86, 53a-87 or 53a-88 or permitting 39
prostitution in violation of section 53a-89, it shall be no defense that the 40
person engaging or agreeing to engage in sexual conduct with another 41
person in return for a fee could not be prosecuted for a violation of 42
section 53a-82 on account of such person's age. 43
Sec. 4. Section 7-22 of the general statutes is repealed and the 44
following is substituted in lieu thereof (Effective October 1, 2021): 45
Whenever complaint in writing is made to the [state's attorney for 46 Raised Bill No. 6594
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any judicial district] office of the Attorney General that the town clerk 47
of any town [in such judicial district] is guilty of misconduct, wilful and 48
material neglect of duty or incompetence in the conduct of such town 49
clerk's office, [such state's attorney] the office of the Attorney General 50
shall make such investigation of the charges as [such state's attorney] 51
the office of the Attorney General deems proper and shall, if [such state's 52
attorney] the office of the Attorney General is of the opinion that the 53
evidence obtained warrants such action, prepare a statement in writing 54
of the charges against such town clerk, together with a citation in the 55
name of the state, commanding such town clerk to appear before a judge 56
of the Superior Court at a date named in the citation and show cause, if 57
any, why such town clerk should not be removed from office as 58
provided in this section. [Such state's attorney] The office of the 59
Attorney General shall cause a copy of such statement and citation to be 60
served by some proper officer upon the defendant town clerk at least 61
ten days before the date of appearance named in such citation, and the 62
original statement and citation, with the return of the officer thereon, 63
shall be returned to the clerk of the superior court for the judicial district 64
within which such town is situated. To carry into effect the proceedings 65
authorized by this section, the [state's attorney of any judicial district] 66
office of the Attorney General shall have power to summon witnesses, 67
require the production of necessary books, papers and other documents 68
and administer oaths to witnesses; and upon the date named in such 69
citation for the appearance of such town clerk, or upon any adjourned 70
date fixed by the judge before whom such proceedings are pending, the 71
[state's attorney] office of the Attorney General shall appear and 72
conduct the hearing on behalf of the state. If, after a full hearing of all 73
the evidence offered by the [state's attorney] office of the Attorney 74
General and by and on behalf of the defendant, such judge is of the 75
opinion that the evidence presented warrants the removal of such town 76
clerk from office, the judge shall cause to be prepared a written order to 77
that effect, which order shall be signed by the judge and lodged with the 78
clerk of the superior court for the judicial district in which such 79
defendant resides. Such clerk of the superior court shall cause a certified 80
copy of such order to be served forthwith upon such town clerk, and 81 Raised Bill No. 6594
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upon such service the office held by such town clerk shall become vacant 82
and the vacancy thereby created shall be filled at once in the manner 83
provided in section 9-220. Any witnesses summoned and any officer 84
making service under the provisions of this section shall be allowed and 85
paid by the state the same fees as are allowed by law in criminal 86
prosecutions. 87
Sec. 5. Section 7-81 of the general statutes is repealed and the 88
following is substituted in lieu thereof (Effective October 1, 2021): 89
Whenever complaint in writing is made to the [state's attorney for 90
any judicial district] office of the Attorney General that the town 91
treasurer of any town [in such judicial district] is guilty of misconduct, 92
wilful and material neglect of duty or incompetence in the conduct of 93
such town treasurer's office, [such state's attorney] the office of the 94
Attorney General shall make such investigation of the charges as [such 95
state's attorney] the office of the Attorney General deems proper, and 96
shall, if [such state's attorney] the office of the Attorney General is of the 97
opinion that the evidence obtained warrants such action, prepare a 98
statement in writing of the charges against such town treasurer, together 99
with a citation in the name of the state, commanding such town 100
treasurer to appear before a judge of the Superior Court at a date named 101
in the citation and show cause, if any, why such town treasurer should 102
not be removed from office as provided in this section. [Such state's 103
attorney] The office of the Attorney General shall cause a copy of such 104
statement and citation to be served, by some proper officer, upon the 105
defendant town treasurer at least ten days before the date of appearance 106
named in such citation, and the original statement and citation, with the 107
return of the officer thereon, shall be returned to the clerk of the superior 108
court for the judicial district within which such town is situated. To 109
carry into effect the proceedings authorized by this section, the [state's 110
attorney of any judicial district] office of the Attorney General shall have 111
power to summon witnesses, require the production of necessary books, 112
papers and other documents and administer oaths to witnesses; and, 113
upon the date named in such citation for the appearance of such town 114
treasurer, or upon any adjourned date fixed by the judge before whom 115 Raised Bill No. 6594
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such proceedings are pending, [such state's attorney] the office of the 116
Attorney General shall appear and conduct the hearing on behalf of the 117
state. If, after a full hearing of all the evidence offered by the [state's 118
attorney] office of the Attorney General and by and on behalf of such 119
defendant, such judge is of the opinion that the evidence presented 120
warrants the removal of such town treasurer from office, the judge shall 121
cause to be prepared a written order to that effect, which order shall be 122
signed by the judge and lodged with the clerk of the superior court for 123
the judicial district in which such defendant resides. Such clerk of the 124
superior court shall cause a certified copy of such order to be served 125
forthwith upon such town treasurer, and upon such service the office 126
held by such town treasurer shall become vacant and the vacancy 127
thereby created shall be filled at once in the manner provided in section 128
9-220. Any witnesses summoned and any officer making service under 129
the provisions of this section shall be allowed and paid by the state the 130
same fees as are allowed by law in criminal prosecutions. 131
Sec. 6. Section 51-279b of the general statutes is repealed and the 132
following is substituted in lieu thereof (Effective October 1, 2021): 133
[(a)] The Chief State's Attorney shall establish a racketeering and 134
continuing criminal activities unit within the Division of Criminal 135
Justice. Such unit shall be available for the investigation and prosecution 136
of criminal matters including, but not limited to, the illegal purchase and 137
sale of controlled substances, criminal activity by gangs, fraud, 138
corruption, illegal gambling and the recruitment of persons to carry out 139
such illegal activities. 140
[(b) The Chief State's Attorney shall establish a bond forfeiture unit 141
within the Division of Criminal Justice. Such unit shall be responsible 142
for the collection, in the name of the state, and by suit when necessary, 143
of all forfeited bonds payable to the state. Such unit may compromise 144
and settle forfeited bonds for less than the amount thereof without 145
regard to the expiration of any stay of forfeiture. 146
(c) The Chief State's Attorney shall develop uniform standards for the 147 Raised Bill No. 6594
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compromise and settlement of forfeited bonds. Such standards shall be 148
applied on a state-wide basis.] 149
Sec. 7. Section 54-72 of the general statutes is repealed and the 150
following is substituted in lieu thereof (Effective October 1, 2021): 151
All fines, forfeitures and penalties, unless otherwise expressly 152
disposed of by law, if imposed on any person by the Superior Court, 153
shall belong to the state. When a fine, penalty or forfeiture is imposed 154
by any statute as a punishment for any offense, and any part thereof is 155
given to the person aggrieved or to him who sues therefor and the other 156
part to the state, all proper informing officers shall make presentment of 157
such offense to the court having cognizance thereof; and the whole of 158
such fine, penalty or forfeiture shall in such case belong to the state. 159
Whenever any corporation has incurred a penalty or forfeiture or is 160
liable to a fine, the [state's attorney in the judicial district wherein such 161
corporation is located or has its principal place of business in this state] 162
office of the Attorney General may bring a civil action under the 163
provisions of this section, in the name of the state, to recover such 164
penalty, forfeiture or fine. The court shall render judgment, under the 165
limitations of law, for the recovery of such penalty, forfeiture or fine, 166
and issue execution therefor. 167
Sec. 8. Section 54-73 of the general statutes is repealed and the 168
following is substituted in lieu thereof (Effective October 1, 2021): 169
The [state's attorney in the judicial district in which any forfeiture to 170
the state accrues] office of the Attorney General shall collect and pay it 171
to the State Treasurer any forfeiture that accrues to the state; and, if in 172
the opinion of the court the plaintiff is an improper person to collect it, 173
a separate execution may be issued in favor of the state. 174
Sec. 9. Subsection (f) of section 1-110a of the general statutes is 175
repealed and the following is substituted in lieu thereof (Effective October 176
1, 2021): 177
(f) In all criminal proceedings in state [or federal] court in which the 178 Raised Bill No. 6594
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defendant is a public official or a state or municipal employee who is 179
charged with a crime related to state or municipal office, the [Attorney 180
General] state prosecutor shall notify the [prosecutor of the existence of] 181
Attorney General of such proceedings and the Attorney General shall 182
pursue remedies under the pension revocation statute, [and] including 183
the possibility that any fine, restitution or other monetary order made 184
by the court [may] be paid from such official's or employee's pension. 185
Sec. 10. Section 53a-290 of the general statutes is repealed and the 186
following is substituted in lieu thereof (Effective October 1, 2021): 187
A person commits vendor fraud when, with intent to defraud and 188
acting on such person's own behalf or on behalf of an entity, such person 189
provides goods or services to a beneficiary under sections 17b-22, 17b-190
75 to 17b-77, inclusive, 17b-79 to 17b-103, inclusive, 17b-180a, 17b-183, 191
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, 17b-357 to 192
17b-361, inclusive, 17b-600 to 17b-604, inclusive, 17b-749, 17b-807 and 193
17b-808 or provides services to a recipient under Title XIX of the Social 194
Security Act, as amended, and, (1) presents for payment any false claim 195
for goods or services performed; (2) accepts payment for goods or 196
services performed, which exceeds either the amounts due for goods or 197
services performed, or the amounts authorized by law for the cost of 198
such goods or services; (3) solicits to perform services for or sell goods 199
to any such beneficiary, knowing that such beneficiary is not in need of 200
such goods or services; (4) sells goods to or performs services for any 201
such beneficiary without prior authorization by the Department of 202
Social Services, when prior authorization is required by said department 203
for the buying of such goods or the performance of any service; [or] (5) 204
accepts from any person or source other than the state an additional 205
compensation in excess of the amount authorized by law; or (6) having 206
knowledge of the occurrence of any event affecting (A) his or her initial 207
or continued right to any such benefit or payment, or (B) the initial or 208
continued right to any such benefit or payment of any other individual 209
in whose behalf he or she has applied for or is receiving such benefit or 210
payment, conceals or fails to disclose such event with an intent to 211
fraudulently secure such benefit or payment either in a greater amount 212 Raised Bill No. 6594
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or quantity than is due or when no such benefit or payment is 213
authorized. 214
Sec. 11. Section 53a-181f of the general statutes is repealed and the 215
following is substituted in lieu thereof (Effective October 1, 2021): 216
(a) A person is guilty of electronic stalking when such person 217
[recklessly causes another person to reasonably fear for his or her 218
physical safety by wilfully and repeatedly using a global positioning 219
system or similar electronic monitoring system to remotely determine 220
or track the position or movement of such other person] with the intent 221
to kill, injure, harass, intimidate, places under surveillance another 222
person or otherwise uses any interactive computer service or electronic 223
communication service, electronic communication system or electronic 224
monitoring system to engage in a course of conduct that: (1) Places such 225
other person in reasonable fear of the death of or serious bodily injury 226
to (A) such person, (B) an immediate family member of such person, or 227
(C) an intimate partner of such person; or (2) causes, attempts to cause 228
or would be reasonably expected to cause substantial emotional distress 229
to a person described in subparagraph (A), (B) or (C) of subdivision (1) 230
of this subsection. 231
(b) Electronic stalking is a class [B misdemeanor] D felony. 232
Sec. 12. Section 53a-189c of the general statutes is repealed and the 233
following is substituted in lieu thereof (Effective October 1, 2021): 234
(a) A person is guilty of unlawful dissemination of an intimate image 235
when (1) such person intentionally disseminates by electronic or other 236
means a photograph, film, videotape or other recorded image of (A) the 237
genitals, pubic area or buttocks of another person with less than a fully 238
opaque covering of such body part, or the breast of such other person 239
who is female with less than a fully opaque covering of any portion of 240
such breast below the top of the nipple, or (B) another person engaged 241
in sexual intercourse, as defined in section 53a-193, (2) such person 242
disseminates such image without the consent of such other person, 243
knowing that such other person understood that the image would not 244 Raised Bill No. 6594
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be so disseminated, and (3) such other person suffers harm as a result of 245
such dissemination. For purposes of this subsection, "disseminate" 246
means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, 247
distribute, circulate, present, exhibit, advertise or otherwise offer, and 248
"harm" includes, but is not limited to, subjecting such other person to 249
hatred, contempt, ridicule, physical injury, financial injury, 250
psychological harm or serious emotional distress. 251
(b) The provisions of subsection (a) of this subsection shall not apply 252
to: 253
(1) Any image described in subsection (a) of this section of such other 254
person if such image resulted from voluntary exposure or engagement 255
in sexual intercourse by such other person, in a public place, as defined 256
in section 53a-181, or in a commercial setting; 257
(2) Any image described in subsection (a) of this section of such other 258
person, if such other person is not clearly identifiable, unless other 259
personally identifying information is associated with or accompanies 260
the image; or 261
(3) Any image described in subsection (a) of this section of such other 262
person, if the dissemination of such image serves the public interest. 263
(c) Unlawful dissemination of an intimate image [is a class A 264
misdemeanor] to (1) a person by any means is a class A misdemeanor, 265
and (2) more than one person by means of an interactive computer 266
service, as defined in 47 USC 230, an information service, as defined in 267
47 USC 153, or a telecommunications service, as defined in section 16-268
247a, is a class D felony. 269
(d) Nothing in this section shall be construed to impose liability on 270
the provider of an interactive computer service, as defined in 47 USC 271
230, an information service, as defined in 47 USC 153, or a 272
telecommunications service, as defined in section 16-247a, for content 273
provided by another person. 274 Raised Bill No. 6594
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Sec. 13. Subsections (f) and (g) of section 53a-40 of the general statutes 275
are repealed and the following is substituted in lieu thereof (Effective 276
October 1, 2021): 277
(f) A persistent offender for possession of a controlled substance is a 278
person who (1) stands convicted of possession of a controlled substance 279
in violation of the provisions of section 21a-279, as amended by this act, 280
and (2) has been, at separate times prior to the commission of the present 281
possession of a controlled substance, twice convicted of the crime of 282
possession of a controlled substance during the ten years prior to the 283
commission of the present violation of section 21a-279, as amended by 284
this act. 285
(g) A persistent felony offender is a person who (1) stands convicted 286
of a felony other than a class D or E felony, and (2) has been, at separate 287
times prior to the commission of the present felony, twice convicted of 288
a felony other than a class D or E felony, for violations committed during 289
the ten years prior to the commission of the present felony. 290
Sec. 14. Subsection (b) of section 53a-39c of the general statutes is 291
repealed and the following is substituted in lieu thereof (Effective October 292
1, 2021): 293
(b) Any person who enters such program shall pay to the court a 294
participation fee of two hundred five dollars, except that no person may 295
be excluded from such program for inability to pay such fee, provided 296
(1) such person files with the court an affidavit of indigency or inability 297
to pay [, (2)] such indigency is confirmed by the Court Support Services 298
Division [,] and [(3)] the court enters a finding thereof, or (2) the person 299
has been determined indigent and eligible for representation by a public 300
defender who has been appointed on behalf of such person pursuant to 301
section 51-296. The court shall not require a person to perform 302
community service in lieu of payment of such fee, if waived. All 303
program fees collected under this subsection shall be deposited into the 304
alternative incarceration program account. 305
Sec. 15. Section 54-56e of the general statutes is repealed and the 306 Raised Bill No. 6594
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following is substituted in lieu thereof (Effective October 1, 2021): 307
(a) There shall be a pretrial program for accelerated rehabilitation of 308
persons accused of a crime or crimes or a motor vehicle violation or 309
violations for which a sentence to a term of imprisonment may be 310
imposed, which crimes or violations are not of a serious nature. Upon 311
application by any such person for participation in the program, the 312
court shall, but only as to the public, order the court file sealed. 313
(b) The court may, in its discretion, invoke such program on motion 314
of the defendant or on motion of a state's attorney or prosecuting 315
attorney with respect to a defendant (1) who, the court believes, will 316
probably not offend in the future, (2) who has no previous record of 317
conviction of a crime or of a violation of section 14-196, subsection (c) of 318
section 14-215, section 14-222a, subsection (a) or subdivision (1) of 319
subsection (b) of section 14-224, section 14-227a or 14-227m or 320
subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who 321
states under oath, in open court or before any person designated by the 322
clerk and duly authorized to administer oaths, under the penalties of 323
perjury, (A) that the defendant has never had such program invoked on 324
the defendant's behalf or that the defendant was charged with a 325
misdemeanor or a motor vehicle violation for which a term of 326
imprisonment of one year or less may be imposed and ten or more years 327
have passed since the date that any charge or charges for which the 328
program was invoked on the defendant's behalf were dismissed by the 329
court, or (B) with respect to a defendant who is a veteran, that the 330
defendant has not had such program invoked in the defendant's behalf 331
more than once previously, provided the defendant shall agree thereto 332
and provided notice has been given by the defendant, on a form 333
prescribed by the Office of the Chief Court Administrator, to the victim 334
or victims of such crime or motor vehicle violation, if any, by registered 335
or certified mail and such victim or victims have an opportunity to be 336
heard thereon. Any defendant who makes application for participation 337
in such program shall pay to the court an application fee of thirty-five 338
dollars, except as provided in subsection (g) of this section. No 339
defendant shall be allowed to participate in the pretrial program for 340 Raised Bill No. 6594
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accelerated rehabilitation more than two times. For the purposes of this 341
section, "veteran" means any person who was discharged or released 342
under conditions other than dishonorable from active service in the 343
armed forces as defined in section 27-103. 344
(c) This section shall not be applicable: (1) To any person charged 345
with (A) a class A felony, (B) a class B felony, except a violation of 346
subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 347
not involve the use, attempted use or threatened use of physical force 348
against another person, or a violation of subdivision (4) of subsection (a) 349
of section 53a-122 that does not involve the use, attempted use or 350
threatened use of physical force against another person and does not 351
involve a violation by a person who is a public official, as defined in 352
section 1-110, or a state or municipal employee, as defined in section 1-353
110, or (C) a violation of section 53a-70b of the general statutes, revision 354
of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 355
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 356
of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-357
70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-358
72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 359
with a crime or motor vehicle violation who, as a result of the 360
commission of such crime or motor vehicle violation, causes the death 361
of another person, (3) to any person accused of a family violence crime 362
as defined in section 46b-38a who (A) is eligible for the pretrial family 363
violence education program established under section 46b-38c, as 364
amended by this act, or (B) has previously had the pretrial family 365
violence education program invoked in such person's behalf, (4) to any 366
person charged with a violation of section 21a-267, as amended by this 367
act, or 21a-279, as amended by this act, who (A) is eligible for the pretrial 368
drug education and community service program established under 369
section 54-56i, as amended by this act, or (B) has previously had the 370
pretrial drug education program or the pretrial drug education and 371
community service program invoked on such person's behalf, (5) unless 372
good cause is shown, to (A) any person charged with a class C felony, 373
or (B) any person charged with committing a violation of subdivision 374 Raised Bill No. 6594
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(1) of subsection (a) of section 53a-71 while such person was less than 375
four years older than the other person, (6) to any person charged with a 376
violation of section 9-359 or 9-359a, (7) to any person charged with a 377
motor vehicle violation (A) while operating a commercial motor vehicle, 378
as defined in section 14-1, or (B) who holds a commercial driver's license 379
or commercial driver's instruction permit at the time of the violation, (8) 380
to any person charged with a violation of subdivision (6) of subsection 381
(a) of section 53a-60, or (9) to a health care provider or vendor 382
participating in the state's Medicaid program charged with a violation 383
of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123. 384
(d) Except as provided in subsection [(e)] (g) of this section, any 385
defendant who enters such program shall pay to the court a 386
participation fee of one hundred dollars. Any defendant who enters 387
such program shall agree to the tolling of any statute of limitations with 388
respect to such crime and to a waiver of the right to a speedy trial. Any 389
such defendant shall appear in court and shall, under such conditions 390
as the court shall order, be released to the custody of the Court Support 391
Services Division, except that, if a criminal docket for drug-dependent 392
persons has been established pursuant to section 51-181b in the judicial 393
district, such defendant may be transferred, under such conditions as 394
the court shall order, to the court handling such docket for supervision 395
by such court. If the defendant refuses to accept, or, having accepted, 396
violates such conditions, the defendant's case shall be brought to trial. 397
The period of such probation or supervision, or both, shall not exceed 398
two years. If the defendant has reached the age of sixteen years but has 399
not reached the age of eighteen years, the court may order that as a 400
condition of such probation the defendant be referred for services to a 401
youth service bureau established pursuant to section 10-19m, provided 402
the court finds, through an assessment by a youth service bureau or its 403
designee, that the defendant is in need of and likely to benefit from such 404
services. When determining any conditions of probation to order for a 405
person entering such program who was charged with a misdemeanor 406
that did not involve the use, attempted use or threatened use of physical 407
force against another person or a motor vehicle violation, the court shall 408 Raised Bill No. 6594
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consider ordering the person to perform community service in the 409
community in which the offense or violation occurred. If the court 410
determines that community service is appropriate, such community 411
service may be implemented by a community court established in 412
accordance with section 51-181c if the offense or violation occurred 413
within the jurisdiction of a community court established by said section. 414
If the defendant is charged with a violation of section 46a-58, 53-37a, 415
53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of 416
such probation the defendant participate in a hate crimes diversion 417
program as provided in subsection (e) of this section. If a defendant is 418
charged with a violation of section 53-247, the court may order that as a 419
condition of such probation the defendant undergo psychiatric or 420
psychological counseling or participate in an animal cruelty prevention 421
and education program provided such a program exists and is available 422
to the defendant. 423
(e) If the court orders the defendant to participate in a hate crimes 424
diversion program as a condition of probation, the defendant shall pay 425
to the court a participation fee of four hundred twenty-five dollars, 426
except as provided in subsection (g) of this section. [No person may be 427
excluded from such program for inability to pay such fee, provided (1) 428
such person files with the court an affidavit of indigency or inability to 429
pay, (2) such indigency or inability to pay is confirmed by the Court 430
Support Services Division, and (3) the court enters a finding thereof.] 431
The Judicial Department shall contract with service providers, develop 432
standards and oversee appropriate hate crimes diversion programs to 433
meet the requirements of this section. Any defendant whose 434
employment or residence makes it unreasonable to attend a hate crimes 435
diversion program in this state may attend a program in another state 436
which has standards substantially similar to, or higher than, those of this 437
state, subject to the approval of the court and payment of the application 438
and program fees as provided in this section. The hate crimes diversion 439
program shall consist of an educational program and supervised 440
community service. 441
(f) If a defendant released to the custody of the Court Support 442 Raised Bill No. 6594
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Services Division satisfactorily completes such defendant's period of 443
probation, such defendant may apply for dismissal of the charges 444
against such defendant and the court, on finding such satisfactory 445
completion, shall dismiss such charges. If the defendant does not apply 446
for dismissal of the charges against such defendant after satisfactorily 447
completing such defendant's period of probation, the court, upon 448
receipt of a report submitted by the Court Support Services Division that 449
the defendant satisfactorily completed such defendant's period of 450
probation, may on its own motion make a finding of such satisfactory 451
completion and dismiss such charges. If a defendant transferred to the 452
court handling the criminal docket for drug-dependent persons 453
satisfactorily completes such defendant's period of supervision, the 454
court shall release the defendant to the custody of the Court Support 455
Services Division under such conditions as the court shall order or shall 456
dismiss such charges. Upon dismissal, all records of such charges shall 457
be erased pursuant to section 54-142a. An order of the court denying a 458
motion to dismiss the charges against a defendant who has completed 459
such defendant's period of probation or supervision or terminating the 460
participation of a defendant in such program shall be a final judgment 461
for purposes of appeal. 462
(g) The court shall waive any application fee under this section for 463
any person who (1) files with the court an affidavit of indigency or 464
inability to pay, such indigency is confirmed by the Court Support 465
Services Division and the court enters a finding thereof, or (2) has been 466
determined indigent and eligible for representation by a public 467
defender who has been appointed on behalf of such person pursuant to 468
section 51-296. The court shall not require a person to perform 469
community service in lieu of payment of such fee, if waived. 470
Sec. 16. Section 54-56g of the general statutes is repealed and the 471
following is substituted in lieu thereof (Effective October 1, 2021): 472
(a) (1) There shall be a pretrial alcohol education program for persons 473
charged with a violation of section 14-227a, 14-227g or 14-227m, 474
subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-475 Raised Bill No. 6594
LCO No. 4374 16 of 43
133 or 15-140n. Upon application by any such person for participation 476
in such program, the court shall, but only as to the public, order the 477
court file sealed, and such person shall pay to the court an application 478
fee of one hundred dollars and a nonrefundable evaluation fee of one 479
hundred dollars, except as provided for in subsection (i) of this section, 480
and such person shall state under oath, in open court or before any 481
person designated by the clerk and duly authorized to administer oaths, 482
under penalties of perjury that: (A) If such person is charged with a 483
violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of 484
subsection (a) of section 14-227n, subsection (d) of section 15-133 or 485
section 15-140n, such person has not had such program invoked in such 486
person's behalf within the preceding ten years for a violation of section 487
14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of 488
section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) 489
such person has not been convicted of a violation of section 53a-56b or 490
53a-60d, a violation of subsection (a) of section 14-227a before, on or 491
after October 1, 1981, a violation of subdivision (1) or (2) of subsection 492
(a) of section 14-227a on or after October 1, 1985, a violation of section 493
14-227g, a violation of section 14-227m or a violation of subdivision (1) 494
or (2) of subsection (a) of section 14-227n, (C) such person has not been 495
convicted of a violation of section 15-132a, subsection (d) of section 15-496
133, section 15-140l or section 15-140n, (D) such person has not been 497
convicted in any other state at any time of an offense the essential 498
elements of which are substantially the same as section 53a-56b, 53a-60d, 499
15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of 500
section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) 501
of section 14-227n or subsection (d) of section 15-133, and (E) notice has 502
been given by such person, by registered or certified mail on a form 503
prescribed by the Office of the Chief Court Administrator, to each victim 504
who sustained a serious physical injury, as defined in section 53a-3, 505
which was caused by such person's alleged violation, that such person 506
has applied to participate in the pretrial alcohol education program and 507
that such victim has an opportunity to be heard by the court on the 508
application. 509 Raised Bill No. 6594
LCO No. 4374 17 of 43
(2) The court shall provide each such victim who sustained a serious 510
physical injury an opportunity to be heard prior to granting an 511
application under this section. Unless good cause is shown, a person 512
shall be ineligible for participation in such pretrial alcohol education 513
program if such person's alleged violation of section 14-227a, 14-227g or 514
14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 515
subsection (d) of section 15-133 caused the serious physical injury, as 516
defined in section 53a-3, of another person. 517
(3) The application fee imposed under this subsection shall be 518
credited to the Criminal Injuries Compensation Fund established under 519
section 54-215. The evaluation fee imposed under this subsection shall 520
be credited to the pretrial account established under section 54-56k. 521
(b) The court, after consideration of the recommendation of the state's 522
attorney, assistant state's attorney or deputy assistant state's attorney in 523
charge of the case, may, in its discretion, grant such application. If the 524
court grants such application, the court shall refer such person to the 525
Court Support Services Division for assessment and confirmation of the 526
eligibility of the applicant and to the Department of Mental Health and 527
Addiction Services for evaluation. The Court Support Services Division, 528
in making its assessment and confirmation, may rely on the 529
representations made by the applicant under oath in open court with 530
respect to convictions in other states of offenses specified in subsection 531
(a) of this section. Upon confirmation of eligibility and receipt of the 532
evaluation report, the defendant shall be referred to the Department of 533
Mental Health and Addiction Services by the Court Support Services 534
Division for placement in an appropriate alcohol intervention program 535
for one year, or be placed in a state-licensed substance abuse treatment 536
program. The alcohol intervention program shall include a ten-session 537
intervention program and a fifteen-session intervention program. Any 538
person who enters the pretrial alcohol education program shall agree: 539
(1) To the tolling of the statute of limitations with respect to such crime, 540
(2) to a waiver of such person's right to a speedy trial, (3) to complete 541
ten or fifteen counseling sessions in an alcohol intervention program or 542
successfully complete a substance abuse treatment program of not less 543 Raised Bill No. 6594
LCO No. 4374 18 of 43
than twelve sessions pursuant to this section dependent upon the 544
evaluation report and the court order, (4) to commence participation in 545
an alcohol intervention program or substance abuse treatment program 546
not later than ninety days after the date of entry of the court order unless 547
granted a delayed entry into a program by the court, (5) upon 548
completion of participation in the alcohol intervention program, to 549
accept placement in a substance abuse treatment program upon the 550
recommendation of a provider under contract with the Department of 551
Mental Health and Addiction Services pursuant to subsection (f) of this 552
section or placement in a state-licensed substance abuse treatment 553
program which meets standards established by the Department of 554
Mental Health and Addiction Services, if the Court Support Services 555
Division deems it appropriate, and (6) if ordered by the court, to 556
participate in at least one victim impact panel. The suspension of the 557
motor vehicle operator's license of any such person pursuant to section 558
14-227b shall be effective during the period such person is participating 559
in the pretrial alcohol education program, provided such person shall 560
have the option of not commencing the participation in such program 561
until the period of such suspension is completed. If the Court Support 562
Services Division informs the court that the defendant is ineligible for 563
such program and the court makes a determination of ineligibility or if 564
the program provider certifies to the court that the defendant did not 565
successfully complete the assigned program or is no longer amenable to 566
treatment and such person does not request, or the court denies, 567
program reinstatement under subsection (e) of this section, the court 568
shall order the court file to be unsealed, enter a plea of not guilty for 569
such defendant and immediately place the case on the trial list. If such 570
defendant satisfactorily completes the assigned program, such 571
defendant may apply for dismissal of the charges against such 572
defendant and the court, on reviewing the record of the defendant's 573
participation in such program submitted by the Court Support Services 574
Division and on finding such satisfactory completion, shall dismiss the 575
charges. If the defendant does not apply for dismissal of the charges 576
against such defendant after satisfactorily completing the assigned 577
program the court, upon receipt of the record of the defendant's 578 Raised Bill No. 6594
LCO No. 4374 19 of 43
participation in such program submitted by the Court Support Services 579
Division, may on its own motion make a finding of such satisfactory 580
completion and dismiss the charges. Upon motion of the defendant and 581
a showing of good cause, the court may extend the one-year placement 582
period for a reasonable period for the defendant to complete the 583
assigned program. A record of participation in such program shall be 584
retained by the Court Support Services Division for a period of ten years 585
from the date the court grants the application for participation in such 586
program. The Court Support Services Division shall transmit to the 587
Department of Motor Vehicles a record of participation in such program 588
for each person who satisfactorily completes such program. The 589
Department of Motor Vehicles shall maintain for a period of ten years 590
the record of a person's participation in such program as part of such 591
person's driving record. The Court Support Services Division shall 592
transmit to the Department of Energy and Environmental Protection the 593
record of participation of any person who satisfactorily completes such 594
program who has been charged with a violation of the provisions of 595
subsection (d) of section 15-133 or section 15-140n. The Department of 596
Energy and Environmental Protection shall maintain for a period of ten 597
years the record of a person's participation in such program as a part of 598
such person's boater certification record. 599
(c) (1) At the time the court grants the application for participation in 600
the pretrial alcohol education program, such person shall also pay to the 601
court a nonrefundable program fee of three hundred fifty dollars if such 602
person is ordered to participate in the ten-session intervention program 603
and a nonrefundable program fee of five hundred dollars if such person 604
is ordered to participate in the fifteen-session intervention program,. If 605
the court grants the application for participation in the pretrial alcohol 606
education program and such person is ordered to participate in a 607
substance abuse treatment program, such person shall be responsible 608
for the costs associated with participation in such program. No person 609
may be excluded from either program for inability to pay such fee or 610
cost, [provided (1) such person files with the court an affidavit of 611
indigency or inability to pay, (2) such indigency or inability to pay is 612 Raised Bill No. 6594
LCO No. 4374 20 of 43
confirmed by the Court Support Services Division, and (3) the court 613
enters a finding thereof] and the court shall waive any such fee or cost 614
for any intervention program if such person is found eligible to have 615
such fee or cost waived under subsection (i) of this section. 616
(2) If the court finds that a person is indigent or unable to pay for a 617
treatment program using the method for determining indigency 618
described in subsection (i) of this section, the costs of such program shall 619
be paid from the pretrial account established under section 54-56k. [If 620
the court finds that a person is indigent or unable to pay for an 621
intervention program, the court may waive all or any portion of the fee 622
for such intervention program.] 623
(3) If the court denies the application, such person shall not be 624
required to pay the program fee. If the court grants the application and 625
such person is later determined to be ineligible for participation in such 626
pretrial alcohol education program or fails to complete the assigned 627
program, the program fee shall not be refunded. All program fees shall 628
be credited to the pretrial account established under section 54-56k. 629
(d) If a person returns to court with certification from a program 630
provider that such person did not successfully complete the assigned 631
program or is no longer amenable to treatment, the provider, to the 632
extent practicable, shall include a recommendation to the court as to 633
whether a ten-session intervention program, a fifteen-session 634
intervention program or placement in a state-licensed substance abuse 635
treatment program would best serve such person's needs. The provider 636
shall also indicate whether the current program referral was an initial 637
referral or a reinstatement to the program. 638
(e) When a person subsequently requests reinstatement into an 639
alcohol intervention program or a substance abuse treatment program 640
and the Court Support Services Division verifies that such person is 641
eligible for reinstatement into such program and thereafter the court 642
favorably acts on such request, such person shall pay a nonrefundable 643
program fee of one hundred seventy-five dollars if ordered to complete 644 Raised Bill No. 6594
LCO No. 4374 21 of 43
a ten-session intervention program or two hundred fifty dollars if 645
ordered to complete a fifteen-session intervention program, as the case 646
may be, [. Unless good cause is shown, such fees shall not be waived] 647
except as provided in subsection (i) of this section. If the court grants a 648
person's request to be reinstated into a treatment program, such person 649
shall be responsible for the costs, if any, associated with being reinstated 650
into the treatment program. All program fees collected in connection 651
with a reinstatement to an intervention program shall be credited to the 652
pretrial account established under section 54-56k. No person shall be 653
permitted more than two program reinstatements pursuant to this 654
subsection. 655
(f) The Department of Mental Health and Addiction Services shall 656
contract with service providers, develop standards and oversee 657
appropriate alcohol programs to meet the requirements of this section. 658
Said department shall adopt regulations, in accordance with chapter 54, 659
to establish standards for such alcohol programs. Any person ordered 660
to participate in a treatment program shall do so at a state-licensed 661
treatment program which meets the standards established by said 662
department. Any defendant whose employment or residence makes it 663
unreasonable to attend an alcohol intervention program or a substance 664
abuse treatment program in this state may attend a program in another 665
state which has standards substantially similar to, or higher than, those 666
of this state, subject to the approval of the court and payment of the 667
application, evaluation and program fees and treatment costs, as 668
appropriate, as provided in this section. 669
(g) The court may, as a condition of granting such application, require 670
that such person participate in a victim impact panel program approved 671
by the Court Support Services Division of the Judicial Department. Such 672
victim impact panel program shall provide a nonconfrontational forum 673
for the victims of alcohol-related or drug-related offenses and offenders 674
to share experiences on the impact of alcohol-related or drug-related 675
incidents in their lives. Such victim impact panel program shall be 676
conducted by a nonprofit organization that advocates on behalf of 677
victims of accidents caused by persons who operated a motor vehicle 678 Raised Bill No. 6594
LCO No. 4374 22 of 43
while under the influence of intoxicating liquor or any drug, or both. 679
Such organization may assess a participation fee of not more than 680
seventy-five dollars on any person required by the court to participate 681
in such program, provided such organization shall offer a [hardship] 682
waiver when [it has determined that the imposition of a fee would pose 683
an economic hardship for such person] such person has been 684
determined indigent and eligible for representation by a public 685
defender who has been appointed on behalf of such person pursuant to 686
section 51-296. 687
(h) The provisions of this section shall not be applicable in the case of 688
any person charged with a violation of section 14-227a or 14-227m or 689
subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 690
operating a commercial motor vehicle, as defined in section 14-1, or (2) 691
who holds a commercial driver's license or commercial driver's 692
instruction permit at the time of the violation. 693
(i) The court shall waive any fee or cost under subdivision (1) of 694
subsection (c) of this section or subsection (a) or (e) of this section for 695
any person who (1) files with the court an affidavit of indigency or 696
inability to pay, such indigency is confirmed by the Court Support 697
Services Division and the court enters a finding thereof, or (2) has been 698
determined indigent and eligible for representation by a public 699
defender who has been appointed on behalf of such person pursuant to 700
section 51-296. The court shall not require a person to perform 701
community service in lieu of payment of such fee, if waived. 702
Sec. 17. Section 54-56i of the general statutes is repealed and the 703
following is substituted in lieu thereof (Effective October 1, 2021): 704
(a) There is established a pretrial drug education and community 705
service program for persons charged with a violation of section 21a-257, 706
as amended by this act, 21a-267, as amended by this act, 21a-279, as 707
amended by this act, or 21a-279a. The pretrial drug education and 708
community service program shall include a fifteen-session drug 709
education program and a substance abuse treatment program of not less 710 Raised Bill No. 6594
LCO No. 4374 23 of 43
than fifteen sessions, and the performance of community service. 711
(b) Upon application by any such person for participation in such 712
program, the court shall, but only as to the public, order the court file 713
sealed, and such person shall pay to the court of an application fee of 714
one hundred dollars and a nonrefundable evaluation fee of one hundred 715
fifty dollars, except as provided in subsection (l) of this section. A person 716
shall be ineligible for participation in such pretrial drug education and 717
community service program if such person has twice previously 718
participated in (1) the pretrial drug education program established 719
under the provisions of this section in effect prior to October 1, 2013, (2) 720
the community service labor program established under section 53a-39c, 721
as amended by this act, (3) the pretrial drug education and community 722
service program established under this section, or (4) any of such 723
programs, except that the court may allow a person who has twice 724
previously participated in such programs to participate in the pretrial 725
drug education and community service program one additional time, 726
for good cause shown. The evaluation and application fee imposed 727
under this subsection shall be credited to the pretrial account 728
established under section 54-56k. 729
(c) The court, after consideration of the recommendation of the state's 730
attorney, assistant state's attorney or deputy assistant state's attorney in 731
charge of the case, may, in its discretion, grant such application. If the 732
court grants such application, the court shall refer such person (1) to the 733
Court Support Services Division for confirmation of the eligibility of the 734
applicant, (2) to the Department of Mental Health and Addiction 735
Services for evaluation and determination of an appropriate drug 736
education or substance abuse treatment program for the first or second 737
time such application is granted, and (3) to a state-licensed substance 738
abuse treatment program for evaluation and determination of an 739
appropriate substance abuse treatment program for the third time such 740
application is granted, except that, if such person is a veteran, the court 741
may refer such person to the Department of Veterans Affairs or the 742
United States Department of Veterans Affairs, as applicable, for any 743
such evaluation and determination. For the purposes of this subsection 744 Raised Bill No. 6594
LCO No. 4374 24 of 43
and subsection (d) of this section, "veteran" means any person who was 745
discharged or released under conditions other than dishonorable from 746
active service in the armed forces as defined in section 27-103. 747
(d) (1) (A) Upon confirmation of eligibility and receipt of the 748
evaluation and determination required under subsection (c) of this 749
section, such person shall be placed in the pretrial drug education and 750
community service program and referred by the Court Support Services 751
Division for the purpose of receiving appropriate drug education 752
services or substance abuse treatment program services, as 753
recommended by the evaluation conducted pursuant to subsection (c) 754
of this section and ordered by the court, to the Department of Mental 755
Health and Addiction Services or to a state-licensed substance abuse 756
treatment program for placement in the appropriate drug education or 757
substance abuse treatment program, except that, if such person is a 758
veteran, the division may refer such person to the Department of 759
Veterans Affairs or the United States Department of Veterans Affairs, 760
subject to the provisions of subdivision (2) of this subsection. 761
(B) Persons who have been granted entry into the pretrial drug 762
education and community service program for the first time shall 763
participate in either a fifteen-session drug education program or a 764
substance abuse treatment program of not less than fifteen sessions, as 765
ordered by the court on the basis of the evaluation and determination 766
required under subsection (c) of this section. Persons who have been 767
granted entry into the pretrial drug education and community service 768
program for the second time shall participate in either a fifteen-session 769
drug education program or a substance abuse treatment program of not 770
less than fifteen sessions, as ordered by the court based on the 771
evaluation and determination required under subsection (c) of this 772
section. Persons who have been granted entry into the pretrial drug 773
education and community service program for a third time shall be 774
referred to a state-licensed substance abuse program for evaluation and 775
participation in a course of treatment as ordered by the court based on 776
the evaluation and determination required under subsection (c) of this 777
section. 778 Raised Bill No. 6594
LCO No. 4374 25 of 43
(C) Persons who have been granted entry into the pretrial drug 779
education and community service program shall also participate in a 780
community service program administered by the Court Support 781
Services Division pursuant to section 53a-39c, as amended by this act. 782
Persons who have been granted entry into the pretrial drug education 783
and community service program for the first time shall participate in the 784
community service program for a period of five days. Persons who have 785
been granted entry into the pretrial drug education and community 786
service program for the second time shall participate in the community 787
service program for a period of fifteen days. Persons who have been 788
granted entry into the pretrial drug education and community service 789
program for a third or additional time shall participate in the 790
community service program for a period of thirty days. 791
(D) Placement in the pretrial drug education and community service 792
program pursuant to this section shall not exceed one year. Persons 793
receiving substance abuse treatment program services in accordance 794
with the provisions of this section shall only receive such services at 795
state-licensed substance abuse treatment program facilities that are in 796
compliance with all state standards governing the operation of such 797
facilities, except that, if such person is a veteran, such person may 798
receive services from facilities under the supervision of the Department 799
of Veterans Affairs or the United States Department of Veterans Affairs, 800
subject to the provisions of subdivision (2) of this subsection. 801
(E) Any person who enters the pretrial drug education and 802
community service program shall agree: (i) To the tolling of the statute 803
of limitations with respect to such crime; (ii) to a waiver of such person's 804
right to a speedy trial; (iii) to complete participation in the pretrial drug 805
education and community service program, as ordered by the court; (iv) 806
to commence participation in the pretrial drug education and 807
community service program not later than ninety days after the date of 808
entry of the court order unless granted a delayed entry into the program 809
by the court; and (v) upon completion of participation in the pretrial 810
drug education and community service program, to accept (I) placement 811
in a treatment program upon the recommendation of a provider under 812 Raised Bill No. 6594
LCO No. 4374 26 of 43
contract with the Department of Mental Health and Addiction Services 813
or a provider under the supervision of the Department of Veterans 814
Affairs or the United States Department of Veterans Affairs, or (II) 815
placement in a treatment program that has standards substantially 816
similar to, or higher than, a program of a provider under contract with 817
the Department of Mental Health and Addiction Services, if the Court 818
Support Services Division deems it appropriate. 819
(2) The Court Support Services Division may only refer a veteran to 820
the Department of Veterans Affairs or the United States Department of 821
Veterans Affairs for the receipt of services under the program if (A) the 822
division determines that such services will be provided in a timely 823
manner under standards substantially similar to, or higher than, 824
standards for services provided by the Department of Mental Health 825
and Addiction Services under the program, and (B) the applicable 826
department agrees to submit timely program participation and 827
completion reports to the division in the manner required by the 828
division. 829
(e) If the Court Support Services Division informs the court that such 830
person is ineligible for the program and the court makes a determination 831
of ineligibility or if the program provider certifies to the court that such 832
person did not successfully complete the assigned program and such 833
person did not request, or the court denied, reinstatement in the 834
program under subsection (i) of this section, the court shall order the 835
court file to be unsealed, enter a plea of not guilty for such person and 836
immediately place the case on the trial list. 837
(f) If such person satisfactorily completes the assigned program, such 838
person may apply for dismissal of the charges against such person and 839
the court, on reviewing the record of such person's participation in such 840
program submitted by the Court Support Services Division and on 841
finding such satisfactory completion, shall dismiss the charges. If such 842
person does not apply for dismissal of the charges against such person 843
after satisfactorily completing the assigned program, the court, upon 844
receipt of the record of such person's participation in such program 845 Raised Bill No. 6594
LCO No. 4374 27 of 43
submitted by the Court Support Services Division, may on its own 846
motion make a finding of such satisfactory completion and dismiss the 847
charges. Upon motion of such person and a showing of good cause, the 848
court may extend the placement period for a reasonable period of time 849
to allow such person to complete the assigned program. A record of 850
participation in such program shall be retained by the Court Support 851
Services Division for a period of ten years from the date the court grants 852
the application for participation in the program. 853
(g) At the time the court grants the application for participation in the 854
pretrial drug education and community service program, any person 855
ordered to participate in such drug education program shall pay to the 856
court a nonrefundable program fee of six hundred dollars. If the court 857
orders participation in a substance abuse treatment program, such 858
person shall pay to the court a nonrefundable program fee of one 859
hundred dollars and shall be responsible for the costs associated with 860
such program. No person may be excluded from any such program for 861
inability to pay such fee or cost, [provided (1) such person files with the 862
court an affidavit of indigency or inability to pay, (2) such indigency or 863
inability to pay is confirmed by the Court Support Services Division, 864
and (3) the court enters a finding thereof. The court may waive all or any 865
portion of such fee depending on such person's ability to pay] and the 866
court shall waive any such fee or cost if such person is found eligible to 867
have such fee or cost waived under subsection (l) of this section. If the 868
court [finds that a person is indigent or unable to pay] waives the costs 869
for a substance abuse treatment program, the costs of such program 870
shall be paid from the pretrial account established under section 54-56k. 871
If the court denies the application, such person shall not be required to 872
pay the program fee. If the court grants the application, and such person 873
is later determined to be ineligible for participation in such pretrial drug 874
education and community service program or fails to complete the 875
assigned program, the program fee shall not be refunded. All program 876
fees shall be credited to the pretrial account established under section 877
54-56k. 878
(h) If a person returns to court with certification from a program 879 Raised Bill No. 6594
LCO No. 4374 28 of 43
provider that such person did not successfully complete the assigned 880
program or is no longer amenable to treatment, the provider, to the 881
extent practicable, shall include a recommendation to the court as to 882
whether placement in a drug education program or placement in a 883
substance abuse treatment program would best serve such person's 884
needs. The provider shall also indicate whether the current program 885
referral was an initial referral or a reinstatement to the program. 886
(i) When a person subsequently requests reinstatement into a drug 887
education program or a substance abuse treatment program and the 888
Court Support Services Division verifies that such person is eligible for 889
reinstatement into such program and thereafter the court favorably acts 890
on such request, any person reinstated into such drug education 891
program shall pay a nonrefundable program fee of two hundred fifty 892
dollars, and any person reinstated into a substance abuse treatment 893
program shall be responsible for the costs, if any, associated with being 894
reinstated into the treatment program, [. Unless good cause is shown, 895
such program fee shall not be waived] unless such person is found 896
eligible to have such fee or costs waived under subsection (l) of this 897
section. All program fees collected in connection with a reinstatement to 898
a drug education program shall be credited to the pretrial account 899
established under section 54-56k. No person shall be permitted more 900
than two program reinstatements pursuant to this subsection. 901
(j) The Department of Mental Health and Addiction Services shall 902
develop standards and oversee appropriate drug education programs 903
that it administers to meet the requirements of this section and may 904
contract with service providers to provide such programs. The 905
department shall adopt regulations, in accordance with chapter 54, to 906
establish standards for such drug education programs. 907
(k) Any person whose employment or residence or schooling makes 908
it unreasonable to attend a drug education program or substance abuse 909
treatment program in this state may attend a program in another state 910
that has standards similar to, or higher than, those of this state, subject 911
to the approval of the court and payment of the program fee or costs as 912 Raised Bill No. 6594
LCO No. 4374 29 of 43
provided in this section. 913
(l) The court shall waive any fee or cost under subsection (b), (g) or 914
(i) of this section for any person who (1) files with the court an affidavit 915
of indigency or inability to pay, such indigency is confirmed by the 916
Court Support Services Division and the court enters a finding thereof, 917
or (2) has been determined indigent and eligible for representation by a 918
public defender who has been appointed on behalf of such person 919
pursuant to section 51-296. The court shall not require a person to 920
perform community service in lieu of payment of such fee, if waived. 921
Sec. 18. Subsection (f) of section 54-56j of the general statutes is 922
repealed and the following is substituted in lieu thereof (Effective October 923
1, 2021): 924
(f) The cost of participation in such program shall be paid by the 925
parent or guardian of such student, except that no student shall be 926
excluded from such program for inability to pay such cost provided (1) 927
the parent or guardian of such student files with the court an affidavit 928
of indigency or inability to pay [,] and [(2)] the court enters a finding 929
thereof, or (2) the parent or guardian of such student has been 930
determined indigent and such student is eligible for representation by a 931
public defender who has been appointed on behalf of such student 932
pursuant to section 51-296. The court shall not require a person to 933
perform community service in lieu of payment of such fee, if waived. 934
Sec. 19. Subsection (i) of section 46b-38c of the general statutes is 935
repealed and the following is substituted in lieu thereof (Effective October 936
1, 2021): 937
(i) A nonrefundable application fee of one hundred dollars shall be 938
paid to the court by any person who files a motion pursuant to 939
subdivision (1) of subsection (h) of this section to participate in the 940
pretrial family violence education program, and a fee of three hundred 941
dollars shall be paid to the court by any person who enters the family 942
violence education program, except that no person shall be excluded 943
from such program for inability to pay any such fee, provided (1) the 944 Raised Bill No. 6594
LCO No. 4374 30 of 43
person files with the court an affidavit of indigency or inability to pay 945
[,] and [(2)] the court enters a finding thereof, or (2) such person has been 946
determined indigent and eligible for representation by a public 947
defender who has been appointed on behalf of such person pursuant to 948
section 51-296. The court shall not require a person to perform 949
community service in lieu of payment of such fee, if waived. All such 950
fees shall be credited to the General Fund. 951
Sec. 20. Section 17a-694 of the general statutes is repealed and the 952
following is substituted in lieu thereof (Effective October 1, 2021): 953
(a) The Commissioner of Mental Health and Addiction Services or 954
the commissioner's designee shall appoint one or more clinical 955
examiners to conduct examinations for alcohol or drug dependency 956
ordered pursuant to the provisions of section 17a-693. Each examiner 957
shall be authorized by the department to conduct independent 958
evaluations. 959
(b) (1) The examiner shall determine whether the person being 960
examined was an alcohol-dependent or drug-dependent person at the 961
time of the crime. The commissioner shall disclose to the examiner 962
information contained in the Department of Mental Health and 963
Addiction Service's database concerning the date that the person 964
received treatment for alcohol or drug dependence, if at all, and the 965
location where such treatment was provided, for the purpose of 966
allowing the examiner to request a release of treatment information 967
from the department for the person. 968
(2) If such person is determined to have been dependent on alcohol 969
or drugs, the examiner shall further determine (A) the history and 970
pattern of the dependency, and (B) whether the person presently needs 971
and is likely to benefit from treatment for the dependency. If the 972
examiner determines that the person presently needs and is likely to 973
benefit from treatment, the examiner shall recommend treatment and 974
state the date when space will be available in an appropriate treatment 975
program, provided such date shall not be more than forty-five days 976 Raised Bill No. 6594
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from the date of the examination report. A recommendation for 977
treatment shall include provisions for appropriate placement and the 978
type and length of treatment and may include provisions for outpatient 979
treatment. 980
(c) The examiner shall prepare and sign, without notarization, a 981
written examination report and deliver it to the court, the Court Support 982
Services Division, the state's attorney and defense counsel no later than 983
thirty days after the examination was ordered. An examination report 984
ordered pursuant to this section and section 17a-693 shall otherwise be 985
confidential and not open to public inspection or subject to disclosure. 986
(d) No statement made by the person in the course of an examination 987
under the provisions of this section may be admitted in evidence on the 988
issue of guilt in a criminal proceeding concerning the person. 989
(e) No person shall be denied an examination or participation in a 990
program under this section for inability to pay any cost or fee associated 991
with such examination or program, provided (1) the person files with 992
the court an affidavit of indigency or inability to pay and the court enters 993
a finding thereof, or (2) such person has been determined indigent and 994
eligible for representation by a public defender who has been appointed 995
on behalf of such person pursuant to section 51-296. The court shall not 996
require a person to perform community service in lieu of payment of 997
such cost or fee, if waived. 998
Sec. 21. Section 17a-696 of the general statutes is repealed and the 999
following is substituted in lieu thereof (Effective October 1, 2021): 1000
(a) The provisions of this section shall not apply to any person 1001
charged with a violation of section 14-227a, 14-227g or 14-227m, 1002
subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-1003
56b or 53a-60d or with a class A, B or C felony or to any person who was 1004
twice previously ordered treated under this section, subsection (i) of 1005
section 17-155y, section 19a-386 or section 21a-284 of the general statutes 1006
revised to 1989, or any combination thereof. The court may waive the 1007
ineligibility provisions of this subsection for any person, except that the 1008 Raised Bill No. 6594
LCO No. 4374 32 of 43
court shall not waive the ineligibility provisions of this subsection for 1009
any person charged with a violation of section 14-227a, 14-227g, 53a-56b 1010
or 53a-60d if, at the time of the offense, such person was operating a 1011
commercial vehicle, as defined in section 14-1, or held a commercial 1012
driver's license or a commercial driver's instruction permit. 1013
(b) The court may order suspension of prosecution and order 1014
treatment for alcohol or drug dependency as provided in this section 1015
and sections 17a-697 and 17a-698 if it, after considering information 1016
before it concerning the alcohol or drug dependency of the person, 1017
including the examination report made pursuant to the provisions of 1018
section 17a-694, as amended by this act, finds that (1) the accused person 1019
was an alcohol-dependent or drug-dependent person at the time of the 1020
crime, (2) the person presently needs and is likely to benefit from 1021
treatment for the dependency, and (3) suspension of prosecution will 1022
advance the interests of justice. Treatment may begin no earlier than the 1023
date the clinical examiner reports under the provisions of section 17a-1024
694, as amended by this act, that space is available in a treatment 1025
program. Upon application by any such person for participation in a 1026
treatment program, the court shall, but only as to the public, order the 1027
court file sealed. 1028
(c) A suspension of prosecution ordered under the provisions of 1029
subsection (b) of this section may be for a period not exceeding two 1030
years. During the period of suspension, an accused person shall be 1031
placed in the custody of the Court Support Services Division for 1032
treatment for alcohol or drug dependency. The court or the Court 1033
Support Services Division may require that the person (1) comply with 1034
any of the conditions specified in subsections (a) and (b) of section 53a-1035
30, and (2) be tested for use of alcohol or drugs during the period of 1036
suspension. The accused person shall, unless indigent, pay the cost of 1037
treatment ordered under this section. 1038
(d) If prosecution is suspended under the provisions of subsection (b) 1039
of this section, (1) the statute of limitations applicable to the crime 1040
charged shall be tolled during the period of suspension, and (2) the 1041 Raised Bill No. 6594
LCO No. 4374 33 of 43
accused person shall be deemed to have waived such accused person's 1042
right to a speedy trial for the crime charged. 1043
(e) The court shall not suspend prosecution under subsection (b) of 1044
this section unless (1) the accused person has acknowledged that he or 1045
she understands the consequences of the suspension of prosecution, (2) 1046
the accused person has given notice, by registered or certified mail on a 1047
form prescribed by the Chief Court Administrator, to the victim, if any, 1048
of the crime of which the person is accused and of the pending motion 1049
for suspension of prosecution, (3) such victim, if any, has been given an 1050
opportunity to be heard on the motion for suspension of prosecution, 1051
and (4) the accused person, unless such accused person is indigent, has 1052
paid to the clerk of the court an administration fee of twenty-five dollars. 1053
(f) If the prosecution is suspended, the person shall be released on a 1054
written promise to appear or on a bond and any other bond posted in 1055
any criminal proceeding concerning such person shall be terminated. 1056
(g) If the court denies the motion for suspension of prosecution, the 1057
state's attorney may proceed with prosecution of the crime. 1058
(h) A person shall be deemed to be indigent for the purposes of this 1059
section if the court determines the person (1) has an estate insufficient 1060
to provide for the person's support or there is no other person legally 1061
liable or able to support the person, or (2) the person has been 1062
determined indigent and eligible for representation by a public 1063
defender who has been appointed on behalf of such person pursuant to 1064
section 51-296. The court shall not require a person to perform 1065
community service in lieu of payment of such cost or fee, if waived. 1066
Sec. 22. Section 21a-257 of the general statutes is repealed and the 1067
following is substituted in lieu thereof (Effective October 1, 2021): 1068
(a) A person to whom or for whose use any narcotic drug has been 1069
prescribed, sold or dispensed by a physician, dentist, pharmacist or 1070
other person authorized under the provisions of section 21a-248, and the 1071
owner of any animal for which any such drug has been prescribed, sold 1072 Raised Bill No. 6594
LCO No. 4374 34 of 43
or dispensed may lawfully possess it only in the container in which it 1073
was delivered to the recipient by the person selling or dispensing the 1074
same except as may be authorized by regulations adopted [hereunder] 1075
in accordance with the provisions of chapter 54. 1076
(b) Any person who fails to keep such narcotic drug in the original 1077
container shall be guilty of a class D misdemeanor. 1078
(c) The provisions of subsection (b) of this section shall not apply to 1079
any person who in good faith has placed such narcotic drug in either a 1080
(1) pill box, case or organizer stored within such person's residence, or 1081
(2) secured or locked pill box, case or organizer. 1082
Sec. 23. Section 51-164r of the general statutes is repealed and the 1083
following is substituted in lieu thereof (Effective October 1, 2021): 1084
(a) Any person charged with an infraction who fails to pay the fine 1085
and any additional fee imposed or send in [his] a plea of not guilty by 1086
the answer date or wilfully fails to appear for any scheduled court 1087
appearance date which may be required shall be guilty of [a class C 1088
misdemeanor] an unclassified misdemeanor and may be sentenced to a 1089
term of imprisonment of not more than ten days. 1090
(b) Any person charged with any violation specified in subsection (b) 1091
of section 51-164n who fails to pay the fine and any additional fee 1092
imposed or send in [his] a plea of not guilty by the answer date or 1093
wilfully fails to appear for any scheduled court appearance date which 1094
may be required shall be guilty of [a class A misdemeanor] an 1095
unclassified misdemeanor and may be sentenced to a term of 1096
imprisonment of not more than ten days. 1097
Sec. 24. Subdivision (1) of subsection (a) of section 18-98d of the 1098
general statutes is repealed and the following is substituted in lieu 1099
thereof (Effective October 1, 2021): 1100
(a) (1) (A) Any person who is confined to a community correctional 1101
center or a correctional institution for an offense committed on or after 1102 Raised Bill No. 6594
LCO No. 4374 35 of 43
July 1, 1981, and prior to October 1, 2021, under a mittimus or because 1103
such person is unable to obtain bail or is denied bail shall, if 1104
subsequently imprisoned, earn a reduction of such person's sentence 1105
equal to the number of days which such person spent in such facility 1106
from the time such person was placed in presentence confinement to the 1107
time such person began serving the term of imprisonment imposed; 1108
provided [(A)] (i) each day of presentence confinement shall be counted 1109
only once for the purpose of reducing all sentences imposed after such 1110
presentence confinement; and [(B)] (ii) the provisions of this section 1111
shall only apply to a person for whom the existence of a mittimus, an 1112
inability to obtain bail or the denial of bail is the sole reason for such 1113
person's presentence confinement, except that if a person is serving a 1114
term of imprisonment at the same time such person is in presentence 1115
confinement on another charge and the conviction for such 1116
imprisonment is reversed on appeal, such person shall be entitled, in 1117
any sentence subsequently imposed, to a reduction based on such 1118
presentence confinement in accordance with the provisions of this 1119
section. In the case of a fine, each day spent in such confinement prior 1120
to sentencing shall be credited against the sentence at a per diem rate 1121
equal to the average daily cost of incarceration as determined by the 1122
Commissioner of Correction. 1123
(B) Any person who is confined to a community correctional center 1124
or a correctional institution for an offense committed on or after October 1125
1, 2021, under a mittimus or because such person is unable to obtain bail 1126
or is denied bail shall, if subsequently imprisoned, earn a reduction of 1127
such person's sentence equal to the number of days which such person 1128
spent in such facility from the time such person was placed in 1129
presentence confinement to the time such person began serving the term 1130
of imprisonment imposed; provided (i) each day of presentence 1131
confinement shall be counted equally in reduction of any concurrent 1132
sentence imposed for any offense pending at the time such sentence was 1133
imposed; (ii) each day of presentence confinement shall be counted only 1134
once in reduction of any consecutive sentence so imposed; and (iii) the 1135
provisions of this section shall only apply to a person for whom the 1136 Raised Bill No. 6594
LCO No. 4374 36 of 43
existence of a mittimus, an inability to obtain bail or the denial of bail is 1137
the sole reason for such person's presentence confinement, except that if 1138
a person is serving a term of imprisonment at the same time such person 1139
is in presentence confinement on another charge and the conviction for 1140
such imprisonment is reversed on appeal, such person shall be entitled, 1141
in any sentence subsequently imposed, to a reduction based on such 1142
presentence confinement in accordance with the provisions of this 1143
section. In the case of a fine, each day spent in such confinement prior 1144
to sentencing shall be credited against the sentence at a per diem rate 1145
equal to the average daily cost of incarceration as determined by the 1146
Commissioner of Correction. 1147
Sec. 25. Section 21a-267 of the general statutes is repealed and the 1148
following is substituted in lieu thereof (Effective October 1, 2021): 1149
(a) No person shall use or possess with intent to use drug 1150
paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, 1151
propagate, cultivate, grow, harvest, manufacture, compound, convert, 1152
produce, process, prepare, test, analyze, pack, repack, store, contain or 1153
conceal, or to ingest, inhale or otherwise introduce into the human body, 1154
any controlled substance, as defined in subdivision (9) of section 21a-1155
240, other than a cannabis-type substance in a quantity of less than one-1156
half ounce. Any person who violates any provision of this subsection 1157
shall be guilty of a class C misdemeanor. 1158
(b) No person shall deliver, possess with intent to deliver or 1159
manufacture with intent to deliver drug paraphernalia knowing, or 1160
under circumstances where one reasonably should know, that it will be 1161
used to plant, propagate, cultivate, grow, harvest, manufacture, 1162
compound, convert, produce, process, prepare, test, analyze, pack, 1163
repack, store, contain or conceal, or to ingest, inhale or otherwise 1164
introduce into the human body, any controlled substance, other than a 1165
cannabis-type substance in a quantity of less than one-half ounce. Any 1166
person who violates any provision of this subsection shall be guilty of a 1167
class A misdemeanor. 1168 Raised Bill No. 6594
LCO No. 4374 37 of 43
(c) Any person who violates subsection (a) or (b) of this section [in or 1169
on, or within one thousand five hundred feet of,] (1) with intent to 1170
commit such violation at a specific location that the trier of fact 1171
determines is (A) in or on the real property comprising a public or 1172
private elementary or secondary school, or (B) within two hundred feet 1173
of the perimeter of the real property comprising a public or private 1174
elementary or secondary school, and (2) who is not enrolled as a student 1175
in such school shall be imprisoned for a term of one year which shall not 1176
be suspended and shall be in addition and consecutive to any term of 1177
imprisonment imposed for violation of subsection (a) or (b) of this 1178
section. 1179
(d) No person shall (1) use or possess with intent to use drug 1180
paraphernalia to plant, propagate, cultivate, grow, harvest, 1181
manufacture, compound, convert, produce, process, prepare, test, 1182
analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 1183
otherwise introduce into the human body, less than one-half ounce of a 1184
cannabis-type substance, or (2) deliver, possess with intent to deliver or 1185
manufacture with intent to deliver drug paraphernalia knowing, or 1186
under circumstances where one reasonably should know, that it will be 1187
used to plant, propagate, cultivate, grow, harvest, manufacture, 1188
compound, convert, produce, process, prepare, test, analyze, pack, 1189
repack, store, contain or conceal, or to ingest, inhale or otherwise 1190
introduce into the human body, less than one-half ounce of a cannabis-1191
type substance. Any person who violates any provision of this 1192
subsection shall have committed an infraction. 1193
(e) The provisions of subsection (a) of this section shall not apply to 1194
any person (1) who in good faith, seeks medical assistance for another 1195
person who such person reasonably believes is experiencing an 1196
overdose from the ingestion, inhalation or injection of intoxicating 1197
liquor or any drug or substance, (2) for whom another person, in good 1198
faith, seeks medical assistance, reasonably believing such person is 1199
experiencing an overdose from the ingestion, inhalation or injection of 1200
intoxicating liquor or any drug or substance, or (3) who reasonably 1201
believes he or she is experiencing an overdose from the ingestion, 1202 Raised Bill No. 6594
LCO No. 4374 38 of 43
inhalation or injection of intoxicating liquor or any drug or substance 1203
and, in good faith, seeks medical assistance for himself or herself, if 1204
evidence of the use or possession of drug paraphernalia in violation of 1205
said subsection was obtained as a result of the seeking of such medical 1206
assistance. For the purposes of this subsection, "good faith" does not 1207
include seeking medical assistance during the course of the execution of 1208
an arrest warrant or search warrant or a lawful search. 1209
Sec. 26. Section 21a-278a of the general statutes is repealed and the 1210
following is substituted in lieu thereof (Effective October 1, 2021): 1211
(a) Any person eighteen years of age or older who violates section 1212
21a-277 or 21a-278, and who is not, at the time of such action, a drug-1213
dependent person, by distributing, selling, prescribing, dispensing, 1214
offering, giving or administering any controlled substance to another 1215
person who is under eighteen years of age and is at least two years 1216
younger than such person who is in violation of section 21a-277 or 21a-1217
278, shall be imprisoned for a term of two years, which shall not be 1218
suspended and shall be in addition and consecutive to any term of 1219
imprisonment imposed for violation of section 21a-277 or 21a-278. 1220
(b) Any person who violates section 21a-277 or 21a-278 by 1221
manufacturing, distributing, selling, prescribing, dispensing, 1222
compounding, transporting with the intent to sell or dispense, 1223
possessing with the intent to sell or dispense, offering, giving or 1224
administering to another person any controlled substance [in or on, or 1225
within one thousand five hundred feet of,] with intent to commit such 1226
violation at a specific location that the trier of fact determines is (1) in or 1227
on the real property comprising a (A) public or private elementary or 1228
secondary school, [a] (B) public housing project, or [a] (C) licensed child 1229
care center, as defined in section 19a-77, that is identified as a child care 1230
center by a sign posted in a conspicuous place, or (2) within two 1231
hundred feet of the perimeter of the real property comprising such (A) 1232
public or private elementary or secondary school, (B) public housing 1233
project, or (C) licensed child care center, shall be imprisoned for a term 1234
of three years, which shall not be suspended and shall be in addition 1235 Raised Bill No. 6594
LCO No. 4374 39 of 43
and consecutive to any term of imprisonment imposed for violation of 1236
section 21a-277 or 21a-278. To constitute a violation of this subsection, 1237
an act of transporting or possessing a controlled substance shall be with 1238
intent to sell or dispense in or on, or within [one thousand five] two 1239
hundred feet of the perimeter of, the real property comprising a public 1240
or private elementary or secondary school, a public housing project or a 1241
licensed child care center, as defined in section 19a-77, that is identified 1242
as a child care center by a sign posted in a conspicuous place. For the 1243
purposes of this subsection, "public housing project" means dwelling 1244
accommodations operated as a state or federally subsidized multifamily 1245
housing project by a housing authority, nonprofit corporation or 1246
municipal developer, as defined in section 8-39, pursuant to chapter 128 1247
or by the Connecticut Housing Authority pursuant to chapter 129. 1248
(c) Any person who employs, hires, uses, persuades, induces, entices 1249
or coerces a person under eighteen years of age to violate section 21a-1250
277 or 21a-278 shall be imprisoned for a term of three years, which shall 1251
not be suspended and shall be in addition and consecutive to any term 1252
of imprisonment imposed for violation of section 21a-277 or 21a-278. 1253
Sec. 27. Section 21a-279 of the general statutes is repealed and the 1254
following is substituted in lieu thereof (Effective October 1, 2021): 1255
(a) (1) Any person who possesses or has under such person's control 1256
any quantity of any controlled substance, except less than one-half 1257
ounce of a cannabis-type substance and except as authorized in this 1258
chapter, shall be guilty of a class A misdemeanor. 1259
(2) For a second offense of subdivision (1) of this subsection, the court 1260
shall evaluate such person and, if the court determines such person is a 1261
drug-dependent person, the court may suspend prosecution of such 1262
person and order such person to undergo a substance abuse treatment 1263
program. 1264
(3) For any subsequent offense of subdivision (1) of this subsection, 1265
the court may find such person to be a persistent offender for possession 1266
of a controlled substance in accordance with section 53a-40, as amended 1267 Raised Bill No. 6594
LCO No. 4374 40 of 43
by this act. 1268
(b) Any person who violates subsection (a) of this section in or on, or 1269
within [one thousand five] two hundred feet of [,] the perimeter of the 1270
real property comprising a (1) public or private elementary or secondary 1271
school and who is not enrolled as a student in such school, or [a] (2) 1272
licensed child care center, as defined in section 19a-77, that is identified 1273
as a child care center by a sign posted in a conspicuous place, shall be 1274
guilty of a class A misdemeanor and shall be sentenced to a term of 1275
imprisonment and a period of probation during which such person shall 1276
perform community service as a condition of such probation, in a 1277
manner ordered by the court. 1278
(c) To the extent that it is possible, medical treatment rather than 1279
criminal sanctions shall be afforded individuals who breathe, inhale, 1280
sniff or drink the volatile substances described in subdivision (49) of 1281
section 21a-240. 1282
(d) The provisions of subsection (a) of this section shall not apply to 1283
any person (1) who in good faith, seeks medical assistance for another 1284
person who such person reasonably believes is experiencing an 1285
overdose from the ingestion, inhalation or injection of intoxicating 1286
liquor or any drug or substance, (2) for whom another person, in good 1287
faith, seeks medical assistance, reasonably believing such person is 1288
experiencing an overdose from the ingestion, inhalation or injection of 1289
intoxicating liquor or any drug or substance, or (3) who reasonably 1290
believes he or she is experiencing an overdose from the ingestion, 1291
inhalation or injection of intoxicating liquor or any drug or substance 1292
and, in good faith, seeks medical assistance for himself or herself, if 1293
evidence of the possession or control of a controlled substance in 1294
violation of subsection (a) of this section was obtained as a result of the 1295
seeking of such medical assistance. For the purposes of this subsection, 1296
"good faith" does not include seeking medical assistance during the 1297
course of the execution of an arrest warrant or search warrant or a lawful 1298
search. 1299 Raised Bill No. 6594
LCO No. 4374 41 of 43
(e) No provision of this section shall be construed to alter or modify 1300
the meaning of the provisions of section 21a-278. 1301
Sec. 28. Section 53a-39 of the general statutes is repealed and the 1302
following is substituted in lieu thereof (Effective from passage): 1303
(a) [At] Except as provided in subsection (b) of this section, at any 1304
time during [the period of a definite sentence of three years or less] an 1305
executed period of incarceration, the sentencing court or judge may, 1306
after hearing and for good cause shown, reduce the sentence, order the 1307
defendant discharged, or order the defendant discharged on probation 1308
or conditional discharge for a period not to exceed that to which the 1309
defendant could have been originally sentenced. 1310
(b) At any time during the period of a [definite] sentence in which a 1311
defendant has been sentenced to an executed period of incarceration of 1312
more than [three] seven years as a result of a plea agreement, including 1313
an agreement in which there is an agreed upon range of sentence, upon 1314
agreement of the defendant and the state's attorney to seek review of the 1315
sentence, the sentencing court or judge may, after hearing and for good 1316
cause shown, reduce the sentence, order the defendant discharged, or 1317
order the defendant discharged on probation or conditional discharge 1318
for a period not to exceed that to which the defendant could have been 1319
originally sentenced. 1320
(c) If, after a hearing pursuant to this section, the sentencing court or 1321
judge denies a motion to reduce a defendant's sentence or discharge the 1322
defendant, the defendant may not file a subsequent motion for relief 1323
under this section until five years have elapsed from the date of the most 1324
recent decision denying such defendant relief pursuant to this section. 1325
[(c)] (d) The provisions of this section shall not apply to any portion 1326
of a sentence imposed that is a mandatory minimum sentence for an 1327
offense which may not be suspended or reduced by the court. 1328
[(d)] (e) At a hearing held by the sentencing court or judge under this 1329
section, such court or judge shall permit any victim of the crime to 1330 Raised Bill No. 6594
LCO No. 4374 42 of 43
appear before the court or judge for the purpose of making a statement 1331
for the record concerning whether or not the sentence of the defendant 1332
should be reduced, the defendant should be discharged or the 1333
defendant should be discharged on probation or conditional discharge 1334
pursuant to subsection (a) or (b) of this section. In lieu of such 1335
appearance, the victim may submit a written statement to the court or 1336
judge and the court or judge shall make such statement a part of the 1337
record at the hearing. For the purposes of this subsection, "victim" 1338
means the victim, the legal representative of the victim or a member of 1339
the deceased victim's immediate family. 1340
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 54-86(a)
Sec. 2 October 1, 2021 53a-83
Sec. 3 October 1, 2021 53a-84
Sec. 4 October 1, 2021 7-22
Sec. 5 October 1, 2021 7-81
Sec. 6 October 1, 2021 51-279b
Sec. 7 October 1, 2021 54-72
Sec. 8 October 1, 2021 54-73
Sec. 9 October 1, 2021 1-110a(f)
Sec. 10 October 1, 2021 53a-290
Sec. 11 October 1, 2021 53a-181f
Sec. 12 October 1, 2021 53a-189c
Sec. 13 October 1, 2021 53a-40(f) and (g)
Sec. 14 October 1, 2021 53a-39c(b)
Sec. 15 October 1, 2021 54-56e
Sec. 16 October 1, 2021 54-56g
Sec. 17 October 1, 2021 54-56i
Sec. 18 October 1, 2021 54-56j(f)
Sec. 19 October 1, 2021 46b-38c(i)
Sec. 20 October 1, 2021 17a-694
Sec. 21 October 1, 2021 17a-696
Sec. 22 October 1, 2021 21a-257
Sec. 23 October 1, 2021 51-164r
Sec. 24 October 1, 2021 18-98d(a)(1)
Sec. 25 October 1, 2021 21a-267 Raised Bill No. 6594
LCO No. 4374 43 of 43
Sec. 26 October 1, 2021 21a-278a
Sec. 27 October 1, 2021 21a-279
Sec. 28 from passage 53a-39
Statement of Purpose:
To (1) permit the state to depose persons seventy-five years of age and
older in criminal matters; (2) change "patronizing a prostitute" to
"soliciting sexual acts"; (3) transfer the requirement for a state's attorney
to investigate a town clerk/treasurer to the Office of the Attorney
General; (4) transfer bond forfeiture duties from the Division of
Criminal Justice to the Office of the Attorney General; (5) require state
prosecutors to notify the Office of Attorney General when the defendant
in a state court action is a public official or state or municipal employee
charged with a crime related to their office for purposes of pension
revocation; (6) bring the definition of "vendor fraud" in line with its
federal criminal counterpart; (7) clarify and provide a more appropriate
penalty for the wilful and unauthorized distribution of intimate images
of an individual; (8) increase the penalty for severe internet stalking or
cyber harassment; (9) provide a ten-year look back in the sentencing of
certain persistent offenders, including those charged with possession of
a controlled substance; (10) clarify that application and program fees
required by statute for certain pretrial diversionary programs are
waived for persons represented by a public defender appointed or a
determination of indigency by the court; (11) provide that community
service cannot be required in lieu of any fees for indigent persons; (12)
eliminate the disparity between possession of a narcotic drug and the
storage of such; (13) reduce the penalties when a person charged with
an infraction or violation fails to respond or pay a fine; (14) allow for
pre-sentence confinement credit on all concurrent sentences regardless
of the day the sentences are imposed, while ensuring that consecutive
sentences are not credited twice; (15) enact recommendations by the
Connecticut Sentencing Commission concerning the enhanced penalty
for the sale or possession of drugs near schools, day care centers and
public housing projects; and (16) enact recommendations by the
Connecticut Sentencing Commission regarding sentence modification.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]