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General Assembly Substitute Bill No. 6594
January Session, 2021
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repealed and the following is substituted in lieu thereof (Effective October 2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 of the state in the 6
case of a witness who is infirm and seventy-five years of age or older, 7
order that the deposition of a witness shall be taken before a 8
commissioner, judge or magistrate, to be designated by the court or 9
judge, if it appears that his or her testimony will be required at trial and 10
that, by reason of bodily infirmity, age or residence out of this state, he 11
or she will be 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 Section 53a-83 of the general statutes is repealed and the 13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
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 Substitute Bill No. 6594
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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 Section 53a-84 of the general statutes is repealed and the 27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
any judicial district] Attorney General that the town clerk of any town 47
[in such judicial district] is guilty of misconduct, wilful and material 48
neglect of duty or incompetence in the conduct of such town clerk's 49 Substitute Bill No. 6594
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office, [such state's attorney] the Attorney General shall make such 50
investigation of the charges as [such state's attorney] the Attorney 51
General deems proper and shall, if [such state's attorney] the Attorney 52
General is of the opinion that the evidence obtained warrants such 53
action, prepare a statement in writing of the charges against such town 54
clerk, together with a citation in the name of the state, commanding such 55
town clerk to appear before a judge of the Superior Court at a date 56
named in the citation and show cause, if any, why such town clerk 57
should not be removed from office as provided in this section. [Such 58
state's attorney] The Attorney General shall cause a copy of such 59
statement and citation to be served by some proper officer upon the 60
defendant town clerk at least ten days before the date of appearance 61
named in such citation, and the original statement and citation, with the 62
return of the officer thereon, shall be returned to the clerk of the superior 63
court for the judicial district within which such town is situated. To 64
carry into effect the proceedings authorized by this section, the [state's 65
attorney of any judicial district] Attorney General shall have power to 66
summon witnesses, require the production of necessary books, papers 67
and other documents and administer oaths to witnesses; and upon the 68
date named in such citation for the appearance of such town clerk, or 69
upon any adjourned date fixed by the judge before whom such 70
proceedings are pending, the [state's attorney] Attorney General shall 71
appear and conduct the hearing on behalf of the state. If, after a full 72
hearing of all the evidence offered by the [state's attorney] Attorney 73
General and by and on behalf of the defendant, such judge is of the 74
opinion that the evidence presented warrants the removal of such town 75
clerk from office, the judge shall cause to be prepared a written order to 76
that effect, which order shall be signed by the judge and lodged with the 77
clerk of the superior court for the judicial district in which such 78
defendant resides. Such clerk of the superior court shall cause a certified 79
copy of such order to be served forthwith upon such town clerk, and 80
upon such service the office held by such town clerk shall become vacant 81
and the vacancy thereby created shall be filled at once in the manner 82
provided in section 9-220. Any witnesses summoned and any officer 83
making service under the provisions of this section shall be allowed and 84 Substitute Bill No. 6594
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paid by the state the same fees as are allowed by law in criminal 85
prosecutions. 86
Sec. 5. Section 7-81 of the general statutes is repealed and the 87
following is substituted in lieu thereof (Effective October 1, 2021): 88
Whenever complaint in writing is made to the [state's attorney for 89
any judicial district] Attorney General that the town treasurer of any 90
town [in such judicial district] is guilty of misconduct, wilful and 91
material neglect of duty or incompetence in the conduct of such town 92
treasurer's office, [such state's attorney] the Attorney General shall make 93
such investigation of the charges as [such state's attorney] the Attorney 94
General deems proper, and shall, if [such state's attorney] the Attorney 95
General is of the opinion that the evidence obtained warrants such 96
action, prepare a statement in writing of the charges against such town 97
treasurer, together with a citation in the name of the state, commanding 98
such town treasurer to appear before a judge of the Superior Court at a 99
date named in the citation and show cause, if any, why such town 100
treasurer should not be removed from office as provided in this section. 101
[Such state's attorney] The Attorney General shall cause a copy of such 102
statement and citation to be served, by some proper officer, upon the 103
defendant town treasurer at least ten days before the date of appearance 104
named in such citation, and the original statement and citation, with the 105
return of the officer thereon, shall be returned to the clerk of the superior 106
court for the judicial district within which such town is situated. To 107
carry into effect the proceedings authorized by this section, the [state's 108
attorney of any judicial district] Attorney General shall have power to 109
summon witnesses, require the production of necessary books, papers 110
and other documents and administer oaths to witnesses; and, upon the 111
date named in such citation for the appearance of such town treasurer, 112
or upon any adjourned date fixed by the judge before whom such 113
proceedings are pending, [such state's attorney] the Attorney General 114
shall appear and conduct the hearing on behalf of the state. If, after a full 115
hearing of all the evidence offered by the [state's attorney] Attorney 116
General and by and on behalf of such defendant, such judge is of the 117 Substitute Bill No. 6594
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opinion that the evidence presented warrants the removal of such town 118
treasurer from office, the judge shall cause to be prepared a written 119
order to that effect, which order shall be signed by the judge and lodged 120
with the clerk of the superior court for the judicial district in which such 121
defendant resides. Such clerk of the superior court shall cause a certified 122
copy of such order to be served forthwith upon such town treasurer, 123
and upon such service the office held by such town treasurer shall 124
become vacant and the vacancy thereby created shall be filled at once in 125
the manner provided in section 9-220. Any witnesses summoned and 126
any officer making service under the provisions of this section shall be 127
allowed and paid by the state the same fees as are allowed by law in 128
criminal prosecutions. 129
Sec. 6. Section 51-279b of the general statutes is repealed and the 130
following is substituted in lieu thereof (Effective October 1, 2021): 131
[(a)] The Chief State's Attorney shall establish a racketeering and 132
continuing criminal activities unit within the Division of Criminal 133
Justice. Such unit shall be available for the investigation and prosecution 134
of criminal matters including, but not limited to, the illegal purchase and 135
sale of controlled substances, criminal activity by gangs, fraud, 136
corruption, illegal gambling and the recruitment of persons to carry out 137
such illegal activities. 138
[(b) The Chief State's Attorney shall establish a bond forfeiture unit 139
within the Division of Criminal Justice. Such unit shall be responsible 140
for the collection, in the name of the state, and by suit when necessary, 141
of all forfeited bonds payable to the state. Such unit may compromise 142
and settle forfeited bonds for less than the amount thereof without 143
regard to the expiration of any stay of forfeiture. 144
(c) The Chief State's Attorney shall develop uniform standards for the 145
compromise and settlement of forfeited bonds. Such standards shall be 146
applied on a state-wide basis.] 147
Sec. 7. Section 54-72 of the general statutes is repealed and the 148 Substitute Bill No. 6594
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following is substituted in lieu thereof (Effective October 1, 2021): 149
All fines, forfeitures and penalties, unless otherwise expressly 150
disposed of by law, if imposed on any person by the Superior Court, 151
shall belong to the state. When a fine, penalty or forfeiture is imposed 152
by any statute as a punishment for any offense, and any part thereof is 153
given to the person aggrieved or to him who sues therefor and the other 154
part to the state, all proper informing officers shall make presentment of 155
such offense to the court having cognizance thereof; and the whole of 156
such fine, penalty or forfeiture shall in such case belong to the state. 157
Whenever any corporation has incurred a penalty or forfeiture or is 158
liable to a fine, the [state's attorney in the judicial district wherein such 159
corporation is located or has its principal place of business in this state] 160
Attorney General may bring a civil action under the provisions of this 161
section, in the name of the state, to recover such penalty, forfeiture or 162
fine. The court shall render judgment, under the limitations of law, for 163
the recovery of such penalty, forfeiture or fine, and issue execution 164
therefor. 165
Sec. 8. Section 54-73 of the general statutes is repealed and the 166
following is substituted in lieu thereof (Effective October 1, 2021): 167
The [state's attorney in the judicial district in which any forfeiture to 168
the state accrues] Attorney General shall collect and pay [it] to the State 169
Treasurer any forfeiture that accrues to the state; and, if in the opinion 170
of the court the plaintiff is an improper person to collect [it] the 171
forfeiture, a separate execution may be issued in favor of the state. 172
Sec. 9. Subsection (f) of section 1-110a of the general statutes is 173
repealed and the following is substituted in lieu thereof (Effective October 174
1, 2021): 175
(f) In all criminal proceedings in state [or federal] court in which the 176
defendant is a public official or a state or municipal employee who is 177
charged with a crime related to state or municipal office, the [Attorney 178
General] state prosecutor shall notify the [prosecutor of the existence of] 179 Substitute Bill No. 6594
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Attorney General of such proceedings and the Attorney General shall 180
pursue remedies under the pension revocation statute, [and] including 181
the possibility that any fine, restitution or other monetary order made 182
by the court [may] be paid from such official's or employee's pension. 183
Sec. 10. Section 53a-290 of the general statutes is repealed and the 184
following is substituted in lieu thereof (Effective October 1, 2021): 185
A person commits vendor fraud when, with intent to defraud and 186
acting on such person's own behalf or on behalf of an entity, such person 187
provides goods or services to a beneficiary under sections 17b-22, 17b-188
75 to 17b-77, inclusive, 17b-79 to 17b-103, inclusive, 17b-180a, 17b-183, 189
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, 17b-357 to 190
17b-361, inclusive, 17b-600 to 17b-604, inclusive, 17b-749, 17b-807 and 191
17b-808 or provides services to a recipient under Title XIX of the Social 192
Security Act, as amended, and, (1) presents for payment any false claim 193
for goods or services performed; (2) accepts payment for goods or 194
services performed, which exceeds either the amounts due for goods or 195
services performed, or the amounts authorized by law for the cost of 196
such goods or services; (3) solicits to perform services for or sell goods 197
to any such beneficiary, knowing that such beneficiary is not in need of 198
such goods or services; (4) sells goods to or performs services for any 199
such beneficiary without prior authorization by the Department of 200
Social Services, when prior authorization is required by said department 201
for the buying of such goods or the performance of any service; [or] (5) 202
accepts from any person or source other than the state an additional 203
compensation in excess of the amount authorized by law; or (6) having 204
knowledge of the occurrence of any event affecting (A) his or her initial 205
or continued right to any such benefit or payment, or (B) the initial or 206
continued right to any such benefit or payment of any other individual 207
in whose behalf he or she has applied for or is receiving such benefit or 208
payment, conceals or fails to disclose such event with an intent to 209
fraudulently secure such benefit or payment either in a greater amount 210
or quantity than is due or when no such benefit or payment is 211
authorized. 212 Substitute Bill No. 6594
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Sec. 11. Section 53a-181f of the general statutes is repealed and the 213
following is substituted in lieu thereof (Effective October 1, 2021): 214
(a) A person is guilty of electronic stalking when such person 215
[recklessly causes another person to reasonably fear for his or her 216
physical safety by wilfully and repeatedly using a global positioning 217
system or similar electronic monitoring system to remotely determine 218
or track the position or movement of such other person] with the intent 219
to kill, injure, harass or intimidate, places under surveillance another 220
person or otherwise uses any interactive computer service or electronic 221
communication service, electronic communication system or electronic 222
monitoring system to engage in a course of conduct that: (1) Places such 223
other person in reasonable fear of the death of or serious bodily injury 224
to (A) such person, (B) an immediate family member of such person, or 225
(C) an intimate partner of such person; or (2) causes, attempts to cause 226
or would be reasonably expected to cause substantial emotional distress 227
to a person described in subparagraph (A), (B) or (C) of subdivision (1) 228
of this subsection. 229
(b) Electronic stalking is a class [B misdemeanor] D felony. 230
Sec. 12. Section 53a-189c of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective October 1, 2021): 232
(a) A person is guilty of unlawful dissemination of an intimate image 233
when (1) such person intentionally disseminates by electronic or other 234
means a photograph, film, videotape or other recorded image of (A) the 235
genitals, pubic area or buttocks of another person with less than a fully 236
opaque covering of such body part, or the breast of such other person 237
who is female with less than a fully opaque covering of any portion of 238
such breast below the top of the nipple, or (B) another person engaged 239
in sexual intercourse, as defined in section 53a-193, (2) such person 240
disseminates such image without the consent of such other person, 241
knowing that such other person understood that the image would not 242
be so disseminated, and (3) such other person suffers harm as a result of 243
such dissemination. For purposes of this subsection, "disseminate" 244 Substitute Bill No. 6594
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means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, 245
distribute, circulate, present, exhibit, advertise or otherwise offer, and 246
"harm" includes, but is not limited to, subjecting such other person to 247
hatred, contempt, ridicule, physical injury, financial injury, 248
psychological harm or serious emotional distress. 249
(b) The provisions of subsection (a) of this subsection shall not apply 250
to: 251
(1) Any image described in subsection (a) of this section of such other 252
person if such image resulted from voluntary exposure or engagement 253
in sexual intercourse by such other person, in a public place, as defined 254
in section 53a-181, or in a commercial setting; 255
(2) Any image described in subsection (a) of this section of such other 256
person, if such other person is not clearly identifiable, unless other 257
personally identifying information is associated with or accompanies 258
the image; or 259
(3) Any image described in subsection (a) of this section of such other 260
person, if the dissemination of such image serves the public interest. 261
(c) Unlawful dissemination of an intimate image [is a class A 262
misdemeanor] to (1) a person by any means is a class A misdemeanor, 263
and (2) more than one person by means of an interactive computer 264
service, as defined in 47 USC 230, an information service, as defined in 265
47 USC 153, or a telecommunications service, as defined in section 16-266
247a, is a class D felony. 267
(d) Nothing in this section shall be construed to impose liability on 268
the provider of an interactive computer service, as defined in 47 USC 269
230, an information service, as defined in 47 USC 153, or a 270
telecommunications service, as defined in section 16-247a, for content 271
provided by another person. 272
Sec. 13. Subsections (f) and (g) of section 53a-40 of the general statutes 273
are repealed and the following is substituted in lieu thereof (Effective 274 Substitute Bill No. 6594
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October 1, 2021): 275
(f) A persistent offender for possession of a controlled substance is a 276
person who (1) stands convicted of possession of a controlled substance 277
in violation of the provisions of section 21a-279, as amended by this act, 278
and (2) has been, at separate times prior to the commission of the present 279
possession of a controlled substance, twice convicted of the crime of 280
possession of a controlled substance during the ten years prior to the 281
commission of the present violation of section 21a-279, as amended by 282
this act. 283
(g) A persistent felony offender is a person who (1) stands convicted 284
of a felony other than a class D or E felony, and (2) has been, at separate 285
times prior to the commission of the present felony, twice convicted of 286
a felony other than a class D or E felony, if such felonies were committed 287
during the ten years prior to the commission of the present felony. 288
Sec. 14. Subsection (b) of section 53a-39c of the general statutes is 289
repealed and the following is substituted in lieu thereof (Effective October 290
1, 2021): 291
(b) Any person who enters such program shall pay to the court a 292
participation fee of two hundred five dollars, except that no person may 293
be excluded from such program for inability to pay such fee, provided 294
(1) such person files with the court an affidavit of indigency or inability 295
to pay [, (2)] such indigency is confirmed by the Court Support Services 296
Division [,] and [(3)] the court enters a finding thereof, or (2) the person 297
has been determined indigent and eligible for representation by a public 298
defender who has been appointed on behalf of such person pursuant to 299
section 51-296. The court shall not require a person to perform 300
community service in lieu of payment of such fee, if such fee is waived. 301
All program fees collected under this subsection shall be deposited into 302
the alternative incarceration program account. 303
Sec. 15. Section 54-56e of the general statutes is repealed and the 304
following is substituted in lieu thereof (Effective October 1, 2021): 305 Substitute Bill No. 6594
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(a) There shall be a pretrial program for accelerated rehabilitation of 306
persons accused of a crime or crimes or a motor vehicle violation or 307
violations for which a sentence to a term of imprisonment may be 308
imposed, which crimes or violations are not of a serious nature. Upon 309
application by any such person for participation in the program, the 310
court shall, but only as to the public, order the court file sealed. 311
(b) The court may, in its discretion, invoke such program on motion 312
of the defendant or on motion of a state's attorney or prosecuting 313
attorney with respect to a defendant (1) who, the court believes, will 314
probably not offend in the future, (2) who has no previous record of 315
conviction of a crime or of a violation of section 14-196, subsection (c) of 316
section 14-215, section 14-222a, subsection (a) or subdivision (1) of 317
subsection (b) of section 14-224, section 14-227a or 14-227m or 318
subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who 319
states under oath, in open court or before any person designated by the 320
clerk and duly authorized to administer oaths, under the penalties of 321
perjury, (A) that the defendant has never had such program invoked on 322
the defendant's behalf or that the defendant was charged with a 323
misdemeanor or a motor vehicle violation for which a term of 324
imprisonment of one year or less may be imposed and ten or more years 325
have passed since the date that any charge or charges for which the 326
program was invoked on the defendant's behalf were dismissed by the 327
court, or (B) with respect to a defendant who is a veteran, that the 328
defendant has not had such program invoked in the defendant's behalf 329
more than once previously, provided the defendant shall agree thereto 330
and provided notice has been given by the defendant, on a form 331
prescribed by the Office of the Chief Court Administrator, to the victim 332
or victims of such crime or motor vehicle violation, if any, by registered 333
or certified mail and such victim or victims have an opportunity to be 334
heard thereon. Any defendant who makes application for participation 335
in such program shall pay to the court an application fee of thirty-five 336
dollars, except as provided in subsection (g) of this section. No 337
defendant shall be allowed to participate in the pretrial program for 338
accelerated rehabilitation more than two times. For the purposes of this 339 Substitute Bill No. 6594
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section, "veteran" means any person who was discharged or released 340
under conditions other than dishonorable from active service in the 341
armed forces as defined in section 27-103. 342
(c) This section shall not be applicable: (1) To any person charged 343
with (A) a class A felony, (B) a class B felony, except a violation of 344
subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 345
not involve the use, attempted use or threatened use of physical force 346
against another person, or a violation of subdivision (4) of subsection (a) 347
of section 53a-122 that does not involve the use, attempted use or 348
threatened use of physical force against another person and does not 349
involve a violation by a person who is a public official, as defined in 350
section 1-110, or a state or municipal employee, as defined in section 1-351
110, or (C) a violation of section 53a-70b of the general statutes, revision 352
of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 353
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 354
of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-355
70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-356
72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 357
with a crime or motor vehicle violation who, as a result of the 358
commission of such crime or motor vehicle violation, causes the death 359
of another person, (3) to any person accused of a family violence crime 360
as defined in section 46b-38a who (A) is eligible for the pretrial family 361
violence education program established under section 46b-38c, as 362
amended by this act, or (B) has previously had the pretrial family 363
violence education program invoked in such person's behalf, (4) to any 364
person charged with a violation of section 21a-267, as amended by this 365
act, or 21a-279, as amended by this act, who (A) is eligible for the pretrial 366
drug education and community service program established under 367
section 54-56i, as amended by this act, or (B) has previously had the 368
pretrial drug education program or the pretrial drug education and 369
community service program invoked on such person's behalf, (5) unless 370
good cause is shown, to (A) any person charged with a class C felony, 371
or (B) any person charged with committing a violation of subdivision 372
(1) of subsection (a) of section 53a-71 while such person was less than 373 Substitute Bill No. 6594
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four years older than the other person, (6) to any person charged with a 374
violation of section 9-359 or 9-359a, (7) to any person charged with a 375
motor vehicle violation (A) while operating a commercial motor vehicle, 376
as defined in section 14-1, or (B) who holds a commercial driver's license 377
or commercial driver's instruction permit at the time of the violation, (8) 378
to any person charged with a violation of subdivision (6) of subsection 379
(a) of section 53a-60, or (9) to a health care provider or vendor 380
participating in the state's Medicaid program charged with a violation 381
of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123. 382
(d) Except as provided in subsection [(e)] (g) of this section, any 383
defendant who enters such program shall pay to the court a 384
participation fee of one hundred dollars. Any defendant who enters 385
such program shall agree to the tolling of any statute of limitations with 386
respect to such crime and to a waiver of the right to a speedy trial. Any 387
such defendant shall appear in court and shall, under such conditions 388
as the court shall order, be released to the custody of the Court Support 389
Services Division, except that, if a criminal docket for drug-dependent 390
persons has been established pursuant to section 51-181b in the judicial 391
district, such defendant may be transferred, under such conditions as 392
the court shall order, to the court handling such docket for supervision 393
by such court. If the defendant refuses to accept, or, having accepted, 394
violates such conditions, the defendant's case shall be brought to trial. 395
The period of such probation or supervision, or both, shall not exceed 396
two years. If the defendant has reached the age of sixteen years but has 397
not reached the age of eighteen years, the court may order that as a 398
condition of such probation the defendant be referred for services to a 399
youth service bureau established pursuant to section 10-19m, provided 400
the court finds, through an assessment by a youth service bureau or its 401
designee, that the defendant is in need of and likely to benefit from such 402
services. When determining any conditions of probation to order for a 403
person entering such program who was charged with a misdemeanor 404
that did not involve the use, attempted use or threatened use of physical 405
force against another person or a motor vehicle violation, the court shall 406
consider ordering the person to perform community service in the 407 Substitute Bill No. 6594
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community in which the offense or violation occurred. If the court 408
determines that community service is appropriate, such community 409
service may be implemented by a community court established in 410
accordance with section 51-181c if the offense or violation occurred 411
within the jurisdiction of a community court established by said section. 412
If the defendant is charged with a violation of section 46a-58, 53-37a, 413
53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of 414
such probation the defendant participate in a hate crimes diversion 415
program as provided in subsection (e) of this section. If a defendant is 416
charged with a violation of section 53-247, the court may order that as a 417
condition of such probation the defendant undergo psychiatric or 418
psychological counseling or participate in an animal cruelty prevention 419
and education program provided such a program exists and is available 420
to the defendant. 421
(e) If the court orders the defendant to participate in a hate crimes 422
diversion program as a condition of probation, the defendant shall pay 423
to the court a participation fee of four hundred twenty-five dollars, 424
except as provided in subsection (g) of this section. [No person may be 425
excluded from such program for inability to pay such fee, provided (1) 426
such person files with the court an affidavit of indigency or inability to 427
pay, (2) such indigency or inability to pay is confirmed by the Court 428
Support Services Division, and (3) the court enters a finding thereof.] 429
The Judicial Department shall contract with service providers, develop 430
standards and oversee appropriate hate crimes diversion programs to 431
meet the requirements of this section. Any defendant whose 432
employment or residence makes it unreasonable to attend a hate crimes 433
diversion program in this state may attend a program in another state 434
which has standards substantially similar to, or higher than, those of this 435
state, subject to the approval of the court and payment of the application 436
and program fees as provided in this section. The hate crimes diversion 437
program shall consist of an educational program and supervised 438
community service. 439
(f) If a defendant released to the custody of the Court Support 440 Substitute Bill No. 6594
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Services Division satisfactorily completes such defendant's period of 441
probation, such defendant may apply for dismissal of the charges 442
against such defendant and the court, on finding such satisfactory 443
completion, shall dismiss such charges. If the defendant does not apply 444
for dismissal of the charges against such defendant after satisfactorily 445
completing such defendant's period of probation, the court, upon 446
receipt of a report submitted by the Court Support Services Division that 447
the defendant satisfactorily completed such defendant's period of 448
probation, may on its own motion make a finding of such satisfactory 449
completion and dismiss such charges. If a defendant transferred to the 450
court handling the criminal docket for drug-dependent persons 451
satisfactorily completes such defendant's period of supervision, the 452
court shall release the defendant to the custody of the Court Support 453
Services Division under such conditions as the court shall order or shall 454
dismiss such charges. Upon dismissal, all records of such charges shall 455
be erased pursuant to section 54-142a. An order of the court denying a 456
motion to dismiss the charges against a defendant who has completed 457
such defendant's period of probation or supervision or terminating the 458
participation of a defendant in such program shall be a final judgment 459
for purposes of appeal. 460
(g) The court shall waive any application or participation fee under 461
this section for any person who (1) files with the court an affidavit of 462
indigency or inability to pay, has such indigency confirmed by the Court 463
Support Services Division and the court enters a finding thereof, or (2) 464
has been determined indigent and eligible for representation by a public 465
defender who has been appointed on behalf of such person pursuant to 466
section 51-296. The court shall not require a person to perform 467
community service in lieu of payment of such fee, if such fee is waived. 468
Sec. 16. Section 54-56g of the general statutes is repealed and the 469
following is substituted in lieu thereof (Effective October 1, 2021): 470
(a) (1) There shall be a pretrial alcohol education program for persons 471
charged with a violation of section 14-227a, 14-227g or 14-227m, 472
subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-473 Substitute Bill No. 6594
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133 or 15-140n. Upon application by any such person for participation 474
in such program, the court shall, but only as to the public, order the 475
court file sealed, and such person shall pay to the court an application 476
fee of one hundred dollars and a nonrefundable evaluation fee of one 477
hundred dollars, except as provided for in subsection (i) of this section, 478
and such person shall state under oath, in open court or before any 479
person designated by the clerk and duly authorized to administer oaths, 480
under penalties of perjury that: (A) If such person is charged with a 481
violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of 482
subsection (a) of section 14-227n, subsection (d) of section 15-133 or 483
section 15-140n, such person has not had such program invoked in such 484
person's behalf within the preceding ten years for a violation of section 485
14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of 486
section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) 487
such person has not been convicted of a violation of section 53a-56b or 488
53a-60d, a violation of subsection (a) of section 14-227a before, on or 489
after October 1, 1981, a violation of subdivision (1) or (2) of subsection 490
(a) of section 14-227a on or after October 1, 1985, a violation of section 491
14-227g, a violation of section 14-227m or a violation of subdivision (1) 492
or (2) of subsection (a) of section 14-227n, (C) such person has not been 493
convicted of a violation of section 15-132a, subsection (d) of section 15-494
133, section 15-140l or section 15-140n, (D) such person has not been 495
convicted in any other state at any time of an offense the essential 496
elements of which are substantially the same as section 53a-56b, 53a-60d, 497
15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of 498
section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) 499
of section 14-227n or subsection (d) of section 15-133, and (E) notice has 500
been given by such person, by registered or certified mail on a form 501
prescribed by the Office of the Chief Court Administrator, to each victim 502
who sustained a serious physical injury, as defined in section 53a-3, 503
which was caused by such person's alleged violation, that such person 504
has applied to participate in the pretrial alcohol education program and 505
that such victim has an opportunity to be heard by the court on the 506
application. 507 Substitute Bill No. 6594
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(2) The court shall provide each such victim who sustained a serious 508
physical injury an opportunity to be heard prior to granting an 509
application under this section. Unless good cause is shown, a person 510
shall be ineligible for participation in such pretrial alcohol education 511
program if such person's alleged violation of section 14-227a, 14-227g or 512
14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 513
subsection (d) of section 15-133 caused the serious physical injury, as 514
defined in section 53a-3, of another person. 515
(3) The application fee imposed under this subsection shall be 516
credited to the Criminal Injuries Compensation Fund established under 517
section 54-215. The evaluation fee imposed under this subsection shall 518
be credited to the pretrial account established under section 54-56k. 519
(b) The court, after consideration of the recommendation of the state's 520
attorney, assistant state's attorney or deputy assistant state's attorney in 521
charge of the case, may, in its discretion, grant such application. If the 522
court grants such application, the court shall refer such person to the 523
Court Support Services Division for assessment and confirmation of the 524
eligibility of the applicant and to the Department of Mental Health and 525
Addiction Services for evaluation. The Court Support Services Division, 526
in making its assessment and confirmation, may rely on the 527
representations made by the applicant under oath in open court with 528
respect to convictions in other states of offenses specified in subsection 529
(a) of this section. Upon confirmation of eligibility and receipt of the 530
evaluation report, the defendant shall be referred to the Department of 531
Mental Health and Addiction Services by the Court Support Services 532
Division for placement in an appropriate alcohol intervention program 533
for one year, or be placed in a state-licensed substance abuse treatment 534
program. The alcohol intervention program shall include a ten-session 535
intervention program and a fifteen-session intervention program. Any 536
person who enters the pretrial alcohol education program shall agree: 537
(1) To the tolling of the statute of limitations with respect to such crime, 538
(2) to a waiver of such person's right to a speedy trial, (3) to complete 539
ten or fifteen counseling sessions in an alcohol intervention program or 540 Substitute Bill No. 6594
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successfully complete a substance abuse treatment program of not less 541
than twelve sessions pursuant to this section dependent upon the 542
evaluation report and the court order, (4) to commence participation in 543
an alcohol intervention program or substance abuse treatment program 544
not later than ninety days after the date of entry of the court order unless 545
granted a delayed entry into a program by the court, (5) upon 546
completion of participation in the alcohol intervention program, to 547
accept placement in a substance abuse treatment program upon the 548
recommendation of a provider under contract with the Department of 549
Mental Health and Addiction Services pursuant to subsection (f) of this 550
section or placement in a state-licensed substance abuse treatment 551
program which meets standards established by the Department of 552
Mental Health and Addiction Services, if the Court Support Services 553
Division deems it appropriate, and (6) if ordered by the court, to 554
participate in at least one victim impact panel. The suspension of the 555
motor vehicle operator's license of any such person pursuant to section 556
14-227b shall be effective during the period such person is participating 557
in the pretrial alcohol education program, provided such person shall 558
have the option of not commencing the participation in such program 559
until the period of such suspension is completed. If the Court Support 560
Services Division informs the court that the defendant is ineligible for 561
such program and the court makes a determination of ineligibility or if 562
the program provider certifies to the court that the defendant did not 563
successfully complete the assigned program or is no longer amenable to 564
treatment and such person does not request, or the court denies, 565
program reinstatement under subsection (e) of this section, the court 566
shall order the court file to be unsealed, enter a plea of not guilty for 567
such defendant and immediately place the case on the trial list. If such 568
defendant satisfactorily completes the assigned program, such 569
defendant may apply for dismissal of the charges against such 570
defendant and the court, on reviewing the record of the defendant's 571
participation in such program submitted by the Court Support Services 572
Division and on finding such satisfactory completion, shall dismiss the 573
charges. If the defendant does not apply for dismissal of the charges 574
against such defendant after satisfactorily completing the assigned 575 Substitute Bill No. 6594
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program the court, upon receipt of the record of the defendant's 576
participation in such program submitted by the Court Support Services 577
Division, may on its own motion make a finding of such satisfactory 578
completion and dismiss the charges. Upon motion of the defendant and 579
a showing of good cause, the court may extend the one-year placement 580
period for a reasonable period for the defendant to complete the 581
assigned program. A record of participation in such program shall be 582
retained by the Court Support Services Division for a period of ten years 583
from the date the court grants the application for participation in such 584
program. The Court Support Services Division shall transmit to the 585
Department of Motor Vehicles a record of participation in such program 586
for each person who satisfactorily completes such program. The 587
Department of Motor Vehicles shall maintain for a period of ten years 588
the record of a person's participation in such program as part of such 589
person's driving record. The Court Support Services Division shall 590
transmit to the Department of Energy and Environmental Protection the 591
record of participation of any person who satisfactorily completes such 592
program who has been charged with a violation of the provisions of 593
subsection (d) of section 15-133 or section 15-140n. The Department of 594
Energy and Environmental Protection shall maintain for a period of ten 595
years the record of a person's participation in such program as a part of 596
such person's boater certification record. 597
(c) (1) At the time the court grants the application for participation in 598
the pretrial alcohol education program, such person shall also pay to the 599
court a nonrefundable program fee of three hundred fifty dollars if such 600
person is ordered to participate in the ten-session intervention program 601
and a nonrefundable program fee of five hundred dollars if such person 602
is ordered to participate in the fifteen-session intervention program,. If 603
the court grants the application for participation in the pretrial alcohol 604
education program and such person is ordered to participate in a 605
substance abuse treatment program, such person shall be responsible 606
for the costs associated with participation in such program. No person 607
may be excluded from either program for inability to pay such fee or 608
cost, [provided (1) such person files with the court an affidavit of 609 Substitute Bill No. 6594
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indigency or inability to pay, (2) such indigency or inability to pay is 610
confirmed by the Court Support Services Division, and (3) the court 611
enters a finding thereof] and the court shall waive any such fee or cost 612
for any intervention program if such person is found eligible to have 613
such fee or cost waived under subsection (i) of this section. 614
(2) If the court finds that a person is indigent or unable to pay for a 615
treatment program using the method for determining indigency 616
described in subsection (i) of this section, the costs of such program shall 617
be paid from the pretrial account established under section 54-56k. [If 618
the court finds that a person is indigent or unable to pay for an 619
intervention program, the court may waive all or any portion of the fee 620
for such intervention program.] 621
(3) If the court denies the application, such person shall not be 622
required to pay the program fee. If the court grants the application and 623
such person is later determined to be ineligible for participation in such 624
pretrial alcohol education program or fails to complete the assigned 625
program, the program fee shall not be refunded. All program fees shall 626
be credited to the pretrial account established under section 54-56k. 627
(d) If a person returns to court with certification from a program 628
provider that such person did not successfully complete the assigned 629
program or is no longer amenable to treatment, the provider, to the 630
extent practicable, shall include a recommendation to the court as to 631
whether a ten-session intervention program, a fifteen-session 632
intervention program or placement in a state-licensed substance abuse 633
treatment program would best serve such person's needs. The provider 634
shall also indicate whether the current program referral was an initial 635
referral or a reinstatement to the program. 636
(e) When a person subsequently requests reinstatement into an 637
alcohol intervention program or a substance abuse treatment program 638
and the Court Support Services Division verifies that such person is 639
eligible for reinstatement into such program and thereafter the court 640
favorably acts on such request, such person shall pay a nonrefundable 641 Substitute Bill No. 6594
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program fee of one hundred seventy-five dollars if ordered to complete 642
a ten-session intervention program or two hundred fifty dollars if 643
ordered to complete a fifteen-session intervention program, as the case 644
may be, [. Unless good cause is shown, such fees shall not be waived] 645
except as provided in subsection (i) of this section. If the court grants a 646
person's request to be reinstated into a treatment program, such person 647
shall be responsible for the costs, if any, associated with being reinstated 648
into the treatment program. All program fees collected in connection 649
with a reinstatement to an intervention program shall be credited to the 650
pretrial account established under section 54-56k. No person shall be 651
permitted more than two program reinstatements pursuant to this 652
subsection. 653
(f) The Department of Mental Health and Addiction Services shall 654
contract with service providers, develop standards and oversee 655
appropriate alcohol programs to meet the requirements of this section. 656
Said department shall adopt regulations, in accordance with chapter 54, 657
to establish standards for such alcohol programs. Any person ordered 658
to participate in a treatment program shall do so at a state-licensed 659
treatment program which meets the standards established by said 660
department. Any defendant whose employment or residence makes it 661
unreasonable to attend an alcohol intervention program or a substance 662
abuse treatment program in this state may attend a program in another 663
state which has standards substantially similar to, or higher than, those 664
of this state, subject to the approval of the court and payment of the 665
application, evaluation and program fees and treatment costs, as 666
appropriate, as provided in this section. 667
(g) The court may, as a condition of granting such application, require 668
that such person participate in a victim impact panel program approved 669
by the Court Support Services Division of the Judicial Department. Such 670
victim impact panel program shall provide a nonconfrontational forum 671
for the victims of alcohol-related or drug-related offenses and offenders 672
to share experiences on the impact of alcohol-related or drug-related 673
incidents in their lives. Such victim impact panel program shall be 674 Substitute Bill No. 6594
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conducted by a nonprofit organization that advocates on behalf of 675
victims of accidents caused by persons who operated a motor vehicle 676
while under the influence of intoxicating liquor or any drug, or both. 677
Such organization may assess a participation fee of not more than 678
seventy-five dollars on any person required by the court to participate 679
in such program, provided such organization shall offer a [hardship] 680
waiver when [it has determined that the imposition of a fee would pose 681
an economic hardship for such person] such person has been 682
determined indigent and eligible for representation by a public 683
defender who has been appointed on behalf of such person pursuant to 684
section 51-296. 685
(h) The provisions of this section shall not be applicable in the case of 686
any person charged with a violation of section 14-227a or 14-227m or 687
subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 688
operating a commercial motor vehicle, as defined in section 14-1, or (2) 689
who holds a commercial driver's license or commercial driver's 690
instruction permit at the time of the violation. 691
(i) The court shall waive any fee or cost under subsection (a), (c) or (e) 692
of this section for any person who (1) files with the court an affidavit of 693
indigency or inability to pay, has such indigency confirmed by the Court 694
Support Services Division and the court enters a finding thereof, or (2) 695
has been determined indigent and eligible for representation by a public 696
defender who has been appointed on behalf of such person pursuant to 697
section 51-296. The court shall not require a person to perform 698
community service in lieu of payment of such fee or cost, if such fee or 699
cost is waived. 700
Sec. 17. Section 54-56i of the general statutes is repealed and the 701
following is substituted in lieu thereof (Effective October 1, 2021): 702
(a) There is established a pretrial drug education and community 703
service program for persons charged with a violation of section 21a-257, 704
as amended by this act, 21a-267, as amended by this act, 21a-279, as 705
amended by this act, or 21a-279a. The pretrial drug education and 706 Substitute Bill No. 6594
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community service program shall include a fifteen-session drug 707
education program and a substance abuse treatment program of not less 708
than fifteen sessions, and the performance of community service. 709
(b) Upon application by any such person for participation in such 710
program, the court shall, but only as to the public, order the court file 711
sealed, and such person shall pay to the court of an application fee of 712
one hundred dollars and a nonrefundable evaluation fee of one hundred 713
fifty dollars, except as provided in subsection (l) of this section. A person 714
shall be ineligible for participation in such pretrial drug education and 715
community service program if such person has twice previously 716
participated in (1) the pretrial drug education program established 717
under the provisions of this section in effect prior to October 1, 2013, (2) 718
the community service labor program established under section 53a-39c, 719
as amended by this act, (3) the pretrial drug education and community 720
service program established under this section, or (4) any of such 721
programs, except that the court may allow a person who has twice 722
previously participated in such programs to participate in the pretrial 723
drug education and community service program one additional time, 724
for good cause shown. The evaluation and application fee imposed 725
under this subsection shall be credited to the pretrial account 726
established under section 54-56k. 727
(c) The court, after consideration of the recommendation of the state's 728
attorney, assistant state's attorney or deputy assistant state's attorney in 729
charge of the case, may, in its discretion, grant such application. If the 730
court grants such application, the court shall refer such person (1) to the 731
Court Support Services Division for confirmation of the eligibility of the 732
applicant, (2) to the Department of Mental Health and Addiction 733
Services for evaluation and determination of an appropriate drug 734
education or substance abuse treatment program for the first or second 735
time such application is granted, and (3) to a state-licensed substance 736
abuse treatment program for evaluation and determination of an 737
appropriate substance abuse treatment program for the third time such 738
application is granted, except that, if such person is a veteran, the court 739 Substitute Bill No. 6594
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may refer such person to the Department of Veterans Affairs or the 740
United States Department of Veterans Affairs, as applicable, for any 741
such evaluation and determination. For the purposes of this subsection 742
and subsection (d) of this section, "veteran" means any person who was 743
discharged or released under conditions other than dishonorable from 744
active service in the armed forces as defined in section 27-103. 745
(d) (1) (A) Upon confirmation of eligibility and receipt of the 746
evaluation and determination required under subsection (c) of this 747
section, such person shall be placed in the pretrial drug education and 748
community service program and referred by the Court Support Services 749
Division for the purpose of receiving appropriate drug education 750
services or substance abuse treatment program services, as 751
recommended by the evaluation conducted pursuant to subsection (c) 752
of this section and ordered by the court, to the Department of Mental 753
Health and Addiction Services or to a state-licensed substance abuse 754
treatment program for placement in the appropriate drug education or 755
substance abuse treatment program, except that, if such person is a 756
veteran, the division may refer such person to the Department of 757
Veterans Affairs or the United States Department of Veterans Affairs, 758
subject to the provisions of subdivision (2) of this subsection. 759
(B) Persons who have been granted entry into the pretrial drug 760
education and community service program for the first time shall 761
participate in either a fifteen-session drug education program or a 762
substance abuse treatment program of not less than fifteen sessions, as 763
ordered by the court on the basis of the evaluation and determination 764
required under subsection (c) of this section. Persons who have been 765
granted entry into the pretrial drug education and community service 766
program for the second time shall participate in either a fifteen-session 767
drug education program or a substance abuse treatment program of not 768
less than fifteen sessions, as ordered by the court based on the 769
evaluation and determination required under subsection (c) of this 770
section. Persons who have been granted entry into the pretrial drug 771
education and community service program for a third time shall be 772 Substitute Bill No. 6594
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referred to a state-licensed substance abuse program for evaluation and 773
participation in a course of treatment as ordered by the court based on 774
the evaluation and determination required under subsection (c) of this 775
section. 776
(C) Persons who have been granted entry into the pretrial drug 777
education and community service program shall also participate in a 778
community service program administered by the Court Support 779
Services Division pursuant to section 53a-39c, as amended by this act. 780
Persons who have been granted entry into the pretrial drug education 781
and community service program for the first time shall participate in the 782
community service program for a period of five days. Persons who have 783
been granted entry into the pretrial drug education and community 784
service program for the second time shall participate in the community 785
service program for a period of fifteen days. Persons who have been 786
granted entry into the pretrial drug education and community service 787
program for a third or additional time shall participate in the 788
community service program for a period of thirty days. 789
(D) Placement in the pretrial drug education and community service 790
program pursuant to this section shall not exceed one year. Persons 791
receiving substance abuse treatment program services in accordance 792
with the provisions of this section shall only receive such services at 793
state-licensed substance abuse treatment program facilities that are in 794
compliance with all state standards governing the operation of such 795
facilities, except that, if such person is a veteran, such person may 796
receive services from facilities under the supervision of the Department 797
of Veterans Affairs or the United States Department of Veterans Affairs, 798
subject to the provisions of subdivision (2) of this subsection. 799
(E) Any person who enters the pretrial drug education and 800
community service program shall agree: (i) To the tolling of the statute 801
of limitations with respect to such crime; (ii) to a waiver of such person's 802
right to a speedy trial; (iii) to complete participation in the pretrial drug 803
education and community service program, as ordered by the court; (iv) 804
to commence participation in the pretrial drug education and 805 Substitute Bill No. 6594
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community service program not later than ninety days after the date of 806
entry of the court order unless granted a delayed entry into the program 807
by the court; and (v) upon completion of participation in the pretrial 808
drug education and community service program, to accept (I) placement 809
in a treatment program upon the recommendation of a provider under 810
contract with the Department of Mental Health and Addiction Services 811
or a provider under the supervision of the Department of Veterans 812
Affairs or the United States Department of Veterans Affairs, or (II) 813
placement in a treatment program that has standards substantially 814
similar to, or higher than, a program of a provider under contract with 815
the Department of Mental Health and Addiction Services, if the Court 816
Support Services Division deems it appropriate. 817
(2) The Court Support Services Division may only refer a veteran to 818
the Department of Veterans Affairs or the United States Department of 819
Veterans Affairs for the receipt of services under the program if (A) the 820
division determines that such services will be provided in a timely 821
manner under standards substantially similar to, or higher than, 822
standards for services provided by the Department of Mental Health 823
and Addiction Services under the program, and (B) the applicable 824
department agrees to submit timely program participation and 825
completion reports to the division in the manner required by the 826
division. 827
(e) If the Court Support Services Division informs the court that such 828
person is ineligible for the program and the court makes a determination 829
of ineligibility or if the program provider certifies to the court that such 830
person did not successfully complete the assigned program and such 831
person did not request, or the court denied, reinstatement in the 832
program under subsection (i) of this section, the court shall order the 833
court file to be unsealed, enter a plea of not guilty for such person and 834
immediately place the case on the trial list. 835
(f) If such person satisfactorily completes the assigned program, such 836
person may apply for dismissal of the charges against such person and 837
the court, on reviewing the record of such person's participation in such 838 Substitute Bill No. 6594
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program submitted by the Court Support Services Division and on 839
finding such satisfactory completion, shall dismiss the charges. If such 840
person does not apply for dismissal of the charges against such person 841
after satisfactorily completing the assigned program, the court, upon 842
receipt of the record of such person's participation in such program 843
submitted by the Court Support Services Division, may on its own 844
motion make a finding of such satisfactory completion and dismiss the 845
charges. Upon motion of such person and a showing of good cause, the 846
court may extend the placement period for a reasonable period of time 847
to allow such person to complete the assigned program. A record of 848
participation in such program shall be retained by the Court Support 849
Services Division for a period of ten years from the date the court grants 850
the application for participation in the program. 851
(g) At the time the court grants the application for participation in the 852
pretrial drug education and community service program, any person 853
ordered to participate in such drug education program shall pay to the 854
court a nonrefundable program fee of six hundred dollars. If the court 855
orders participation in a substance abuse treatment program, such 856
person shall pay to the court a nonrefundable program fee of one 857
hundred dollars and shall be responsible for the costs associated with 858
such program. No person may be excluded from any such program for 859
inability to pay such fee or cost, [provided (1) such person files with the 860
court an affidavit of indigency or inability to pay, (2) such indigency or 861
inability to pay is confirmed by the Court Support Services Division, 862
and (3) the court enters a finding thereof. The court may waive all or any 863
portion of such fee depending on such person's ability to pay] and the 864
court shall waive any such fee or cost if such person is found eligible to 865
have such fee or cost waived under subsection (l) of this section. If the 866
court [finds that a person is indigent or unable to pay] waives the costs 867
for a substance abuse treatment program, the costs of such program 868
shall be paid from the pretrial account established under section 54-56k. 869
If the court denies the application, such person shall not be required to 870
pay the program fee. If the court grants the application, and such person 871
is later determined to be ineligible for participation in such pretrial drug 872 Substitute Bill No. 6594
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education and community service program or fails to complete the 873
assigned program, the program fee shall not be refunded. All program 874
fees shall be credited to the pretrial account established under section 875
54-56k. 876
(h) If a person returns to court with certification from a program 877
provider that such person did not successfully complete the assigned 878
program or is no longer amenable to treatment, the provider, to the 879
extent practicable, shall include a recommendation to the court as to 880
whether placement in a drug education program or placement in a 881
substance abuse treatment program would best serve such person's 882
needs. The provider shall also indicate whether the current program 883
referral was an initial referral or a reinstatement to the program. 884
(i) When a person subsequently requests reinstatement into a drug 885
education program or a substance abuse treatment program and the 886
Court Support Services Division verifies that such person is eligible for 887
reinstatement into such program and thereafter the court favorably acts 888
on such request, any person reinstated into such drug education 889
program shall pay a nonrefundable program fee of two hundred fifty 890
dollars, and any person reinstated into a substance abuse treatment 891
program shall be responsible for the costs, if any, associated with being 892
reinstated into the treatment program, [. Unless good cause is shown, 893
such program fee shall not be waived] unless such person is found 894
eligible to have such fee or costs waived under subsection (l) of this 895
section. All program fees collected in connection with a reinstatement to 896
a drug education program shall be credited to the pretrial account 897
established under section 54-56k. No person shall be permitted more 898
than two program reinstatements pursuant to this subsection. 899
(j) The Department of Mental Health and Addiction Services shall 900
develop standards and oversee appropriate drug education programs 901
that it administers to meet the requirements of this section and may 902
contract with service providers to provide such programs. The 903
department shall adopt regulations, in accordance with chapter 54, to 904
establish standards for such drug education programs. 905 Substitute Bill No. 6594
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(k) Any person whose employment or residence or schooling makes 906
it unreasonable to attend a drug education program or substance abuse 907
treatment program in this state may attend a program in another state 908
that has standards similar to, or higher than, those of this state, subject 909
to the approval of the court and payment of the program fee or costs as 910
provided in this section. 911
(l) The court shall waive any fee or cost under subsection (b), (g) or 912
(i) of this section for any person who (1) files with the court an affidavit 913
of indigency or inability to pay, has such indigency confirmed by the 914
Court Support Services Division and the court enters a finding thereof, 915
or (2) has been determined indigent and eligible for representation by a 916
public defender who has been appointed on behalf of such person 917
pursuant to section 51-296. The court shall not require a person to 918
perform community service in lieu of payment of such fee or cost, if such 919
fee or cost is waived. 920
Sec. 18. Subsection (f) of section 54-56j of the general statutes is 921
repealed and the following is substituted in lieu thereof (Effective October 922
1, 2021): 923
(f) The cost of participation in such program shall be paid by the 924
parent or guardian of such student, except that no student shall be 925
excluded from such program for inability to pay such cost provided (1) 926
the parent or guardian of such student files with the court an affidavit 927
of indigency or inability to pay [,] and [(2)] the court enters a finding 928
thereof, or (2) the parent or guardian of such student has been 929
determined indigent and such student is eligible for representation by a 930
public defender who has been appointed on behalf of such student 931
pursuant to section 51-296. The court shall not require a person to 932
perform community service in lieu of payment of such cost, if such cost 933
is 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 Substitute Bill No. 6594
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(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
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 such fee is waived. 950
All such 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 Substitute Bill No. 6594
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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
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 such cost or fee is 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 Substitute Bill No. 6594
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(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
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 Substitute Bill No. 6594
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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
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 Substitute Bill No. 6594
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section 51-296. The court shall not require a person to perform 1065
community service in lieu of payment of any cost or fee, if a cost or fee 1066
is waived due to indigency. 1067
Sec. 22. Section 21a-257 of the general statutes is repealed and the 1068
following is substituted in lieu thereof (Effective October 1, 2021): 1069
(a) A person to whom or for whose use any narcotic drug has been 1070
prescribed, sold or dispensed by a physician, dentist, pharmacist or 1071
other person authorized under the provisions of section 21a-248, and the 1072
owner of any animal for which any such drug has been prescribed, sold 1073
or dispensed may lawfully possess it only in the container in which it 1074
was delivered to the recipient by the person selling or dispensing the 1075
same except as may be authorized by regulations adopted [hereunder] 1076
in accordance with the provisions of chapter 54. 1077
(b) Any person who fails to keep such narcotic drug in the original 1078
container as provided in subsection (a) of this section, except as 1079
provided in subsection (c) of this section, shall be guilty of a class D 1080
misdemeanor. 1081
(c) The provisions of subsection (b) of this section shall not apply to 1082
any person who in good faith places such narcotic drug in either a (1) 1083
pill box, case or organizer stored within such person's residence, or (2) 1084
secured or locked pill box, case or organizer, provided such pill box, 1085
case or organizer is accompanied by proof of such person's prescription. 1086
Sec. 23. Section 51-164r of the general statutes is repealed and the 1087
following is substituted in lieu thereof (Effective October 1, 2021): 1088
(a) Any person charged with an infraction who fails to pay the fine 1089
and any additional fee imposed or send in [his] a plea of not guilty by 1090
the answer date or wilfully fails to appear for any scheduled court 1091
appearance date which may be required shall be guilty of [a class C 1092
misdemeanor] an unclassified misdemeanor and may be sentenced to a 1093
term of imprisonment of not more than ten days. 1094 Substitute Bill No. 6594
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(b) Any person charged with any violation specified in subsection (b) 1095
of section 51-164n who fails to pay the fine and any additional fee 1096
imposed or send in [his] a plea of not guilty by the answer date or 1097
wilfully fails to appear for any scheduled court appearance date which 1098
may be required shall be guilty of [a class A misdemeanor] an 1099
unclassified misdemeanor and may be sentenced to a term of 1100
imprisonment of not more than ten days. 1101
Sec. 24. Subdivision (1) of subsection (a) of section 18-98d of the 1102
general statutes is repealed and the following is substituted in lieu 1103
thereof (Effective October 1, 2021): 1104
(a) (1) (A) Any person who is confined to a community correctional 1105
center or a correctional institution for an offense committed on or after 1106
July 1, 1981, and prior to October 1, 2021, under a mittimus or because 1107
such person is unable to obtain bail or is denied bail shall, if 1108
subsequently imprisoned, earn a reduction of such person's sentence 1109
equal to the number of days which such person spent in such facility 1110
from the time such person was placed in presentence confinement to the 1111
time such person began serving the term of imprisonment imposed; 1112
provided [(A)] (i) each day of presentence confinement shall be counted 1113
only once for the purpose of reducing all sentences imposed after such 1114
presentence confinement; and [(B)] (ii) the provisions of this section 1115
shall only apply to a person for whom the existence of a mittimus, an 1116
inability to obtain bail or the denial of bail is the sole reason for such 1117
person's presentence confinement, except that if a person is serving a 1118
term of imprisonment at the same time such person is in presentence 1119
confinement on another charge and the conviction for such 1120
imprisonment is reversed on appeal, such person shall be entitled, in 1121
any sentence subsequently imposed, to a reduction based on such 1122
presentence confinement in accordance with the provisions of this 1123
section. In the case of a fine, each day spent in such confinement prior 1124
to sentencing shall be credited against the sentence at a per diem rate 1125
equal to the average daily cost of incarceration as determined by the 1126
Commissioner of Correction. 1127 Substitute Bill No. 6594
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(B) Any person who is confined to a community correctional center 1128
or a correctional institution for an offense committed on or after October 1129
1, 2021, under a mittimus or because such person is unable to obtain bail 1130
or is denied bail shall, if subsequently imprisoned, earn a reduction of 1131
such person's sentence equal to the number of days which such person 1132
spent in such facility from the time such person was placed in 1133
presentence confinement to the time such person began serving the term 1134
of imprisonment imposed; provided (i) each day of presentence 1135
confinement shall be counted equally in reduction of any concurrent 1136
sentence imposed for any offense pending at the time such sentence was 1137
imposed; (ii) each day of presentence confinement shall be counted only 1138
once in reduction of any consecutive sentence so imposed; and (iii) the 1139
provisions of this section shall only apply to a person for whom the 1140
existence of a mittimus, an inability to obtain bail or the denial of bail is 1141
the sole reason for such person's presentence confinement, except that if 1142
a person is serving a term of imprisonment at the same time such person 1143
is in presentence confinement on another charge and the conviction for 1144
which such imprisonment was imposed is reversed on appeal, such 1145
person shall be entitled, in any sentence subsequently imposed, to a 1146
reduction based on such presentence confinement in accordance with 1147
the provisions of this section. In the case of a fine, each day spent in such 1148
confinement prior to sentencing shall be credited against the sentence at 1149
a per diem rate equal to the average daily cost of incarceration as 1150
determined by the Commissioner of Correction. 1151
Sec. 25. Section 21a-267 of the general statutes is repealed and the 1152
following is substituted in lieu thereof (Effective October 1, 2021): 1153
(a) No person shall use or possess with intent to use drug 1154
paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, 1155
propagate, cultivate, grow, harvest, manufacture, compound, convert, 1156
produce, process, prepare, test, analyze, pack, repack, store, contain or 1157
conceal, or to ingest, inhale or otherwise introduce into the human body, 1158
any controlled substance, as defined in subdivision (9) of section 21a-1159
240, other than a cannabis-type substance in a quantity of less than one-1160 Substitute Bill No. 6594
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half ounce. Any person who violates any provision of this subsection 1161
shall be guilty of a class C misdemeanor. 1162
(b) No person shall deliver, possess with intent to deliver or 1163
manufacture with intent to deliver drug paraphernalia knowing, or 1164
under circumstances where one reasonably should know, that it will be 1165
used to plant, propagate, cultivate, grow, harvest, manufacture, 1166
compound, convert, produce, process, prepare, test, analyze, pack, 1167
repack, store, contain or conceal, or to ingest, inhale or otherwise 1168
introduce into the human body, any controlled substance, other than a 1169
cannabis-type substance in a quantity of less than one-half ounce. Any 1170
person who violates any provision of this subsection shall be guilty of a 1171
class A misdemeanor. 1172
(c) Any person who violates subsection (a) or (b) of this section [in or 1173
on, or within one thousand five hundred feet of,] (1) with intent to 1174
commit such violation at a specific location that the trier of fact 1175
determines is (A) in or on the real property comprising a public or 1176
private elementary or secondary school, or (B) within two hundred feet 1177
of the perimeter of the real property comprising a public or private 1178
elementary or secondary school, and (2) who is not enrolled as a student 1179
in such school shall be imprisoned for a term of one year which shall not 1180
be suspended and shall be in addition and consecutive to any term of 1181
imprisonment imposed for violation of subsection (a) or (b) of this 1182
section. 1183
(d) No person shall (1) use or possess with intent to use drug 1184
paraphernalia to plant, propagate, cultivate, grow, harvest, 1185
manufacture, compound, convert, produce, process, prepare, test, 1186
analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 1187
otherwise introduce into the human body, less than one-half ounce of a 1188
cannabis-type substance, or (2) deliver, possess with intent to deliver or 1189
manufacture with intent to deliver drug paraphernalia knowing, or 1190
under circumstances where one reasonably should know, that it will be 1191
used to plant, propagate, cultivate, grow, harvest, manufacture, 1192
compound, convert, produce, process, prepare, test, analyze, pack, 1193 Substitute Bill No. 6594
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repack, store, contain or conceal, or to ingest, inhale or otherwise 1194
introduce into the human body, less than one-half ounce of a cannabis-1195
type substance. Any person who violates any provision of this 1196
subsection shall have committed an infraction. 1197
(e) The provisions of subsection (a) of this section shall not apply to 1198
any person (1) who in good faith, seeks medical assistance for another 1199
person who such person reasonably believes is experiencing an 1200
overdose from the ingestion, inhalation or injection of intoxicating 1201
liquor or any drug or substance, (2) for whom another person, in good 1202
faith, seeks medical assistance, reasonably believing such person is 1203
experiencing an overdose from the ingestion, inhalation or injection of 1204
intoxicating liquor or any drug or substance, or (3) who reasonably 1205
believes he or she is experiencing an overdose from the ingestion, 1206
inhalation or injection of intoxicating liquor or any drug or substance 1207
and, in good faith, seeks medical assistance for himself or herself, if 1208
evidence of the use or possession of drug paraphernalia in violation of 1209
said subsection was obtained as a result of the seeking of such medical 1210
assistance. For the purposes of this subsection, "good faith" does not 1211
include seeking medical assistance during the course of the execution of 1212
an arrest warrant or search warrant or a lawful search. 1213
Sec. 26. Section 21a-278a of the general statutes is repealed and the 1214
following is substituted in lieu thereof (Effective October 1, 2021): 1215
(a) Any person eighteen years of age or older who violates section 1216
21a-277 or 21a-278, and who is not, at the time of such action, a drug-1217
dependent person, by distributing, selling, prescribing, dispensing, 1218
offering, giving or administering any controlled substance to another 1219
person who is under eighteen years of age and is at least two years 1220
younger than such person who is in violation of section 21a-277 or 21a-1221
278, shall be imprisoned for a term of two years, which shall not be 1222
suspended and shall be in addition and consecutive to any term of 1223
imprisonment imposed for violation of section 21a-277 or 21a-278. 1224
(b) Any person who violates section 21a-277 or 21a-278 by 1225 Substitute Bill No. 6594
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manufacturing, distributing, selling, prescribing, dispensing, 1226
compounding, transporting with the intent to sell or dispense, 1227
possessing with the intent to sell or dispense, offering, giving or 1228
administering to another person any controlled substance [in or on, or 1229
within one thousand five hundred feet of,] with intent to commit such 1230
violation at a specific location that the trier of fact determines is (1) in or 1231
on the real property comprising a (A) public or private elementary or 1232
secondary school, [a] (B) public housing project, or [a] (C) licensed child 1233
care center, as defined in section 19a-77, that is identified as a child care 1234
center by a sign posted in a conspicuous place, or (2) within two 1235
hundred feet of the perimeter of the real property comprising such (A) 1236
public or private elementary or secondary school, (B) public housing 1237
project, or (C) licensed child care center, shall be imprisoned for a term 1238
of three years, which shall not be suspended and shall be in addition 1239
and consecutive to any term of imprisonment imposed for violation of 1240
section 21a-277 or 21a-278. To constitute a violation of this subsection, 1241
an act of transporting or possessing a controlled substance shall be with 1242
intent to sell or dispense in or on, or within [one thousand five] two 1243
hundred feet of the perimeter of, the real property comprising a public 1244
or private elementary or secondary school, a public housing project or a 1245
licensed child care center, as defined in section 19a-77, that is identified 1246
as a child care center by a sign posted in a conspicuous place. For the 1247
purposes of this subsection, "public housing project" means dwelling 1248
accommodations operated as a state or federally subsidized multifamily 1249
housing project by a housing authority, nonprofit corporation or 1250
municipal developer, as defined in section 8-39, pursuant to chapter 128 1251
or by the Connecticut Housing Authority pursuant to chapter 129. 1252
(c) Any person who employs, hires, uses, persuades, induces, entices 1253
or coerces a person under eighteen years of age to violate section 21a-1254
277 or 21a-278 shall be imprisoned for a term of three years, which shall 1255
not be suspended and shall be in addition and consecutive to any term 1256
of imprisonment imposed for violation of section 21a-277 or 21a-278. 1257
Sec. 27. Section 21a-279 of the general statutes is repealed and the 1258 Substitute Bill No. 6594
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following is substituted in lieu thereof (Effective October 1, 2021): 1259
(a) (1) Any person who possesses or has under such person's control 1260
any quantity of any controlled substance, except less than one-half 1261
ounce of a cannabis-type substance and except as authorized in this 1262
chapter, shall be guilty of a class A misdemeanor. 1263
(2) For a second offense of subdivision (1) of this subsection, the court 1264
shall evaluate such person and, if the court determines such person is a 1265
drug-dependent person, the court may suspend prosecution of such 1266
person and order such person to undergo a substance abuse treatment 1267
program. 1268
(3) For any subsequent offense of subdivision (1) of this subsection, 1269
the court may find such person to be a persistent offender for possession 1270
of a controlled substance in accordance with section 53a-40, as amended 1271
by this act. 1272
(b) Any person who violates subsection (a) of this section in or on, or 1273
within [one thousand five] two hundred feet of [,] the perimeter of the 1274
real property comprising a (1) public or private elementary or secondary 1275
school and who is not enrolled as a student in such school, or [a] (2) 1276
licensed child care center, as defined in section 19a-77, that is identified 1277
as a child care center by a sign posted in a conspicuous place, shall be 1278
guilty of a class A misdemeanor and shall be sentenced to a term of 1279
imprisonment and a period of probation during which such person shall 1280
perform community service as a condition of such probation, in a 1281
manner ordered by the court. 1282
(c) To the extent that it is possible, medical treatment rather than 1283
criminal sanctions shall be afforded individuals who breathe, inhale, 1284
sniff or drink the volatile substances described in subdivision (49) of 1285
section 21a-240. 1286
(d) The provisions of subsection (a) of this section shall not apply to 1287
any person (1) who in good faith, seeks medical assistance for another 1288
person who such person reasonably believes is experiencing an 1289 Substitute Bill No. 6594
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overdose from the ingestion, inhalation or injection of intoxicating 1290
liquor or any drug or substance, (2) for whom another person, in good 1291
faith, seeks medical assistance, reasonably believing such person is 1292
experiencing an overdose from the ingestion, inhalation or injection of 1293
intoxicating liquor or any drug or substance, or (3) who reasonably 1294
believes he or she is experiencing an overdose from the ingestion, 1295
inhalation or injection of intoxicating liquor or any drug or substance 1296
and, in good faith, seeks medical assistance for himself or herself, if 1297
evidence of the possession or control of a controlled substance in 1298
violation of subsection (a) of this section was obtained as a result of the 1299
seeking of such medical assistance. For the purposes of this subsection, 1300
"good faith" does not include seeking medical assistance during the 1301
course of the execution of an arrest warrant or search warrant or a lawful 1302
search. 1303
(e) No provision of this section shall be construed to alter or modify 1304
the meaning of the provisions of section 21a-278. 1305
Sec. 28. Section 53a-39 of the general statutes is repealed and the 1306
following is substituted in lieu thereof (Effective from passage): 1307
(a) [At] Except as provided in subsection (b) of this section, at any 1308
time during [the period of a definite sentence of three years or less] an 1309
executed period of incarceration, the sentencing court or judge may, 1310
after hearing and for good cause shown, reduce the sentence, order the 1311
defendant discharged, or order the defendant discharged on probation 1312
or conditional discharge for a period not to exceed that to which the 1313
defendant could have been originally sentenced. 1314
(b) At any time during the period of a [definite] sentence in which a 1315
defendant has been sentenced to an executed period of incarceration of 1316
more than [three] seven years as a result of a plea agreement, including 1317
an agreement in which there is an agreed upon range of sentence, upon 1318
agreement of the defendant and the state's attorney to seek review of the 1319
sentence, the sentencing court or judge may, after hearing and for good 1320
cause shown, reduce the sentence, order the defendant discharged, or 1321 Substitute Bill No. 6594
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order the defendant discharged on probation or conditional discharge 1322
for a period not to exceed that to which the defendant could have been 1323
originally sentenced. 1324
(c) If, after a hearing pursuant to this section, the sentencing court or 1325
judge denies a motion to reduce a defendant's sentence or discharge the 1326
defendant, the defendant may not file a subsequent motion for relief 1327
under this section until five years have elapsed from the date of the most 1328
recent decision denying such defendant relief pursuant to this section. 1329
[(c)] (d) The provisions of this section shall not apply to any portion 1330
of a sentence imposed that is a mandatory minimum sentence for an 1331
offense which may not be suspended or reduced by the court. 1332
[(d)] (e) At a hearing held by the sentencing court or judge under this 1333
section, such court or judge shall permit any victim of the crime to 1334
appear before the court or judge for the purpose of making a statement 1335
for the record concerning whether or not the sentence of the defendant 1336
should be reduced, the defendant should be discharged or the 1337
defendant should be discharged on probation or conditional discharge 1338
pursuant to subsection (a) or (b) of this section. In lieu of such 1339
appearance, the victim may submit a written statement to the court or 1340
judge and the court or judge shall make such statement a part of the 1341
record at the hearing. For the purposes of this subsection, "victim" 1342
means the victim, the legal representative of the victim or a member of 1343
the deceased victim's immediate family. 1344
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 Substitute Bill No. 6594
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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
Sec. 26 October 1, 2021 21a-278a
Sec. 27 October 1, 2021 21a-279
Sec. 28 from passage 53a-39
Statement of Legislative Commissioners:
In Sections 4, 5, 7 and 8, references to the "office of the Attorney General"
were replaced with references to the "Attorney General" for accuracy.
JUD Joint Favorable Subst.