Substitute House Bill No. 6594
Public Act No. 21-102
AN ACT CONCERNING THE 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
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) In any case involving an offense for which the punishment may
be imprisonment for more than one year, the Superior Court or a judge
thereof may, upon the application of the accused, or of the state in the
case of a witness who is infirm and seventy-five years of age or older,
order that the deposition of a witness shall be taken before a
commissioner, judge or magistrate, to be designated by the court or
judge, if it appears that his or her testimony will be required at trial and
that, by reason of bodily infirmity, age or residence out of this state, he
or she will be unable to testify at trial.
Sec. 2. Section 53a-83 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) A person is guilty of [patronizing a prostitute] soliciting sexual
acts when: (1) Pursuant to a prior understanding, such person pays a fee
to another person as compensation for such person or a third person Substitute House Bill No. 6594
Public Act No. 21-102 2 of 44
having engaged in sexual conduct with such person; (2) such person
pays or agrees to pay a fee to another person pursuant to an
understanding that in return for such fee such other person or a third
person will engage in sexual conduct with such person; or (3) such
person solicits or requests another person to engage in sexual conduct
with such person in return for a fee.
(b) [Patronizing a prostitute] Soliciting sexual acts is a class A
misdemeanor and any person found guilty shall be fined two thousand
dollars.
Sec. 3. Section 53a-84 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) In any prosecution for prostitution in violation of section 53a-82
or [patronizing a prostitute] soliciting sexual acts in violation of section
53a-83, as amended by this act, the sex of the two parties or prospective
parties to the sexual conduct engaged in, contemplated or solicited is
immaterial, and it shall be no defense that: (1) Such persons were of the
same sex; or (2) the person who received, agreed to receive or solicited
a fee was a male and the person who paid or agreed or offered to pay
such fee was a female.
(b) In any prosecution for [patronizing a prostitute] soliciting sexual
acts in violation of section 53a-83, as amended by this act, promoting
prostitution in violation of section 53a-86, 53a-87 or 53a-88 or permitting
prostitution in violation of section 53a-89, it shall be no defense that the
person engaging or agreeing to engage in sexual conduct with another
person in return for a fee could not be prosecuted for a violation of
section 53a-82 on account of such person's age.
Sec. 4. Section 7-22 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
Whenever complaint in writing is made to the [state's attorney for Substitute House Bill No. 6594
Public Act No. 21-102 3 of 44
any judicial district] Attorney General that the town clerk of any town
[in such judicial district] is guilty of misconduct, wilful and material
neglect of duty or incompetence in the conduct of such town clerk's
office, [such state's attorney] the Attorney General shall make such
investigation of the charges as [such state's attorney] the Attorney
General deems proper and shall, if [such state's attorney] the Attorney
General is of the opinion that the evidence obtained warrants such
action, prepare a statement in writing of the charges against such town
clerk, together with a citation in the name of the state, commanding such
town clerk to appear before a judge of the Superior Court at a date
named in the citation and show cause, if any, why such town clerk
should not be removed from office as provided in this section. [Such
state's attorney] The Attorney General shall cause a copy of such
statement and citation to be served by some proper officer upon the
defendant town clerk at least ten days before the date of appearance
named in such citation, and the original statement and citation, with the
return of the officer thereon, shall be returned to the clerk of the superior
court for the judicial district within which such town is situated. To
carry into effect the proceedings authorized by this section, the [state's
attorney of any judicial district] Attorney General shall have power to
summon witnesses, require the production of necessary books, papers
and other documents and administer oaths to witnesses; and upon the
date named in such citation for the appearance of such town clerk, or
upon any adjourned date fixed by the judge before whom such
proceedings are pending, the [state's attorney] Attorney General shall
appear and conduct the hearing on behalf of the state. If, after a full
hearing of all the evidence offered by the [state's attorney] Attorney
General and by and on behalf of the defendant, such judge is of the
opinion that the evidence presented warrants the removal of such town
clerk from office, the judge shall cause to be prepared a written order to
that effect, which order shall be signed by the judge and lodged with the
clerk of the superior court for the judicial district in which such
defendant resides. Such clerk of the superior court shall cause a certified Substitute House Bill No. 6594
Public Act No. 21-102 4 of 44
copy of such order to be served forthwith upon such town clerk, and
upon such service the office held by such town clerk shall become vacant
and the vacancy thereby created shall be filled at once in the manner
provided in section 9-220. Any witnesses summoned and any officer
making service under the provisions of this section shall be allowed and
paid by the state the same fees as are allowed by law in criminal
prosecutions.
Sec. 5. Section 7-81 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
Whenever complaint in writing is made to the [state's attorney for
any judicial district] Attorney General that the town treasurer of any
town [in such judicial district] is guilty of misconduct, wilful and
material neglect of duty or incompetence in the conduct of such town
treasurer's office, [such state's attorney] the Attorney General shall make
such investigation of the charges as [such state's attorney] the Attorney
General deems proper, and shall, if [such state's attorney] the Attorney
General is of the opinion that the evidence obtained warrants such
action, prepare a statement in writing of the charges against such town
treasurer, together with a citation in the name of the state, commanding
such town treasurer to appear before a judge of the Superior Court at a
date named in the citation and show cause, if any, why such town
treasurer should not be removed from office as provided in this section.
[Such state's attorney] The Attorney General shall cause a copy of such
statement and citation to be served, by some proper officer, upon the
defendant town treasurer at least ten days before the date of appearance
named in such citation, and the original statement and citation, with the
return of the officer thereon, shall be returned to the clerk of the superior
court for the judicial district within which such town is situated. To
carry into effect the proceedings authorized by this section, the [state's
attorney of any judicial district] Attorney General shall have power to
summon witnesses, require the production of necessary books, papers Substitute House Bill No. 6594
Public Act No. 21-102 5 of 44
and other documents and administer oaths to witnesses; and, upon the
date named in such citation for the appearance of such town treasurer,
or upon any adjourned date fixed by the judge before whom such
proceedings are pending, [such state's attorney] the Attorney General
shall appear and conduct the hearing on behalf of the state. If, after a full
hearing of all the evidence offered by the [state's attorney] Attorney
General and by and on behalf of such defendant, such judge is of the
opinion that the evidence presented warrants the removal of such town
treasurer from office, the judge shall cause to be prepared a written
order to that effect, which order shall be signed by the judge and lodged
with the clerk of the superior court for the judicial district in which such
defendant resides. Such clerk of the superior court shall cause a certified
copy of such order to be served forthwith upon such town treasurer,
and upon such service the office held by such town treasurer shall
become vacant and the vacancy thereby created shall be filled at once in
the manner provided in section 9-220. Any witnesses summoned and
any officer making service under the provisions of this section shall be
allowed and paid by the state the same fees as are allowed by law in
criminal prosecutions.
Sec. 6. Subsection (f) of section 1-110a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(f) In all criminal proceedings in state [or federal] court in which the
defendant is a public official or a state or municipal employee who is
charged with a crime related to state or municipal office, the [Attorney
General] state prosecutor shall notify the [prosecutor of the existence of]
Attorney General of such proceedings and the Attorney General shall
pursue remedies under the pension revocation statute, [and] including
the possibility that any fine, restitution or other monetary order made
by the court [may] be paid from such official's or employee's pension.
Sec. 7. Section 53a-290 of the general statutes is repealed and the Substitute House Bill No. 6594
Public Act No. 21-102 6 of 44
following is substituted in lieu thereof (Effective October 1, 2021):
A person commits vendor fraud when, with intent to defraud and
acting on such person's own behalf or on behalf of an entity, such person
provides goods or services to a beneficiary under sections 17b-22, 17b-
75 to 17b-77, inclusive, 17b-79 to 17b-103, inclusive, 17b-180a, 17b-183,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285, inclusive, 17b-357 to
17b-361, inclusive, 17b-600 to 17b-604, inclusive, 17b-749, 17b-807 and
17b-808 or provides services to a recipient under Title XIX of the Social
Security Act, as amended, and, (1) presents for payment any false claim
for goods or services performed; (2) accepts payment for goods or
services performed, which exceeds either the amounts due for goods or
services performed, or the amounts authorized by law for the cost of
such goods or services; (3) solicits to perform services for or sell goods
to any such beneficiary, knowing that such beneficiary is not in need of
such goods or services; (4) sells goods to or performs services for any
such beneficiary without prior authorization by the Department of
Social Services, when prior authorization is required by said department
for the buying of such goods or the performance of any service; [or] (5)
accepts from any person or source other than the state an additional
compensation in excess of the amount authorized by law; or (6) having
knowledge of the occurrence of any event affecting (A) his or her initial
or continued right to any such benefit or payment, or (B) the initial or
continued right to any such benefit or payment of any other individual
in whose behalf he or she has applied for or is receiving such benefit or
payment, conceals or fails to disclose such event with an intent to
fraudulently secure such benefit or payment either in a greater amount
or quantity than is due or when no such benefit or payment is
authorized.
Sec. 8. Section 53a-181f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) A person is guilty of electronic stalking when such person, Substitute House Bill No. 6594
Public Act No. 21-102 7 of 44
[recklessly causes another person to reasonably fear for his or her
physical safety by wilfully and repeatedly using a global positioning
system or similar electronic monitoring system to remotely determine
or track the position or movement of such other person] with the intent
to kill, injure, harass or intimidate, uses any interactive computer service
or electronic communication service, electronic communication system
or electronic monitoring system to place another person under
surveillance or otherwise to engage in a course of conduct that: (1)
Places such other person in reasonable fear of the death of or serious
bodily injury to (A) such person, (B) an immediate family member of
such person, or (C) an intimate partner of such person; or (2) causes,
attempts to cause or would be reasonably expected to cause substantial
emotional distress to a person described in subparagraph (A), (B) or (C)
of subdivision (1) of this subsection.
(b) For purposes of subsection (a) of this section, (1) "immediate
family member" means (A) a spouse, parent, brother or sister or a child
of the person or person to whom the person stands in loco parentis, or
(B) any person living in the household and related to the person by
blood or marriage, and (2) "intimate partner" means a (A) former
spouse, (B) person who has a child in common with the person
regardless of whether they are or have been married or are living or
have lived together at any time, or (C) person in, or who has recently
been in, a dating relationship with the person.
[(b)] (c) Electronic stalking is a class [B misdemeanor] D felony.
Sec. 9. Section 53a-189c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) A person is guilty of unlawful dissemination of an intimate image
when (1) such person intentionally disseminates by electronic or other
means a photograph, film, videotape or other recorded image of (A) the
genitals, pubic area or buttocks of another person with less than a fully Substitute House Bill No. 6594
Public Act No. 21-102 8 of 44
opaque covering of such body part, or the breast of such other person
who is female with less than a fully opaque covering of any portion of
such breast below the top of the nipple, or (B) another person engaged
in sexual intercourse, as defined in section 53a-193, (2) such person
disseminates such image without the consent of such other person,
knowing that such other person understood that the image would not
be so disseminated, and (3) such other person suffers harm as a result of
such dissemination. For purposes of this subsection, "disseminate"
means to sell, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, present, exhibit, advertise or otherwise offer, and
"harm" includes, but is not limited to, subjecting such other person to
hatred, contempt, ridicule, physical injury, financial injury,
psychological harm or serious emotional distress.
(b) The provisions of subsection (a) of this subsection shall not apply
to:
(1) Any image described in subsection (a) of this section of such other
person if such image resulted from voluntary exposure or engagement
in sexual intercourse by such other person, in a public place, as defined
in section 53a-181, or in a commercial setting;
(2) Any image described in subsection (a) of this section of such other
person, if such other person is not clearly identifiable, unless other
personally identifying information is associated with or accompanies
the image; or
(3) Any image described in subsection (a) of this section of such other
person, if the dissemination of such image serves the public interest.
(c) Unlawful dissemination of an intimate image [is a class A
misdemeanor] to (1) a person by any means is a class A misdemeanor,
and (2) more than one person by means of an interactive computer
service, as defined in 47 USC 230, an information service, as defined in Substitute House Bill No. 6594
Public Act No. 21-102 9 of 44
47 USC 153, or a telecommunications service, as defined in section 16-
247a, is a class D felony.
(d) Nothing in this section shall be construed to impose liability on
the provider of an interactive computer service, as defined in 47 USC
230, an information service, as defined in 47 USC 153, or a
telecommunications service, as defined in section 16-247a, for content
provided by another person.
Sec. 10. Subsections (f) and (g) of section 53a-40 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
October 1, 2021):
(f) A persistent offender for possession of a controlled substance is a
person who (1) stands convicted of possession of a controlled substance
in violation of the provisions of section 21a-279, as amended by this act,
and (2) has been, at separate times prior to the commission of the present
possession of a controlled substance, twice convicted of the crime of
possession of a controlled substance during the ten years prior to the
commission of the present violation of section 21a-279, as amended by
this act.
(g) A persistent felony offender is a person who (1) stands convicted
of a felony other than a class D or E felony, and (2) has been, at separate
times prior to the commission of the present felony, twice convicted of
a felony other than a class D or E felony, if such felonies were committed
during the ten years prior to the commission of the present felony.
Sec. 11. Subsection (b) of section 53a-39c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(b) Any person who enters such program shall pay to the court a
participation fee of two hundred five dollars, except that no person may
be excluded from such program for inability to pay such fee, provided Substitute House Bill No. 6594
Public Act No. 21-102 10 of 44
(1) such person files with the court an affidavit of indigency or inability
to pay [, (2)] such indigency is confirmed by the Court Support Services
Division [,] and [(3)] the court enters a finding thereof, or (2) the person
has been determined indigent and eligible for representation by a public
defender who has been appointed on behalf of such person pursuant to
section 51-296. The court shall not require a person to perform
community service in lieu of payment of such fee, if such fee is waived.
All program fees collected under this subsection shall be deposited into
the alternative incarceration program account.
Sec. 12. Section 54-56e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) There shall be a pretrial program for accelerated rehabilitation of
persons accused of a crime or crimes or a motor vehicle violation or
violations for which a sentence to a term of imprisonment may be
imposed, which crimes or violations are not of a serious nature. Upon
application by any such person for participation in the program, the
court shall, but only as to the public, order the court file sealed.
(b) The court may, in its discretion, invoke such program on motion
of the defendant or on motion of a state's attorney or prosecuting
attorney with respect to a defendant (1) who, the court believes, will
probably not offend in the future, (2) who has no previous record of
conviction of a crime or of a violation of section 14-196, subsection (c) of
section 14-215, section 14-222a, subsection (a) or subdivision (1) of
subsection (b) of section 14-224, section 14-227a or 14-227m or
subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who
states under oath, in open court or before any person designated by the
clerk and duly authorized to administer oaths, under the penalties of
perjury, (A) that the defendant has never had such program invoked on
the defendant's behalf or that the defendant was charged with a
misdemeanor or a motor vehicle violation for which a term of
imprisonment of one year or less may be imposed and ten or more years Substitute House Bill No. 6594
Public Act No. 21-102 11 of 44
have passed since the date that any charge or charges for which the
program was invoked on the defendant's behalf were dismissed by the
court, or (B) with respect to a defendant who is a veteran, that the
defendant has not had such program invoked in the defendant's behalf
more than once previously, provided the defendant shall agree thereto
and provided notice has been given by the defendant, on a form
prescribed by the Office of the Chief Court Administrator, to the victim
or victims of such crime or motor vehicle violation, if any, by registered
or certified mail and such victim or victims have an opportunity to be
heard thereon. Any defendant who makes application for participation
in such program shall pay to the court an application fee of thirty-five
dollars, except as provided in subsection (g) of this section. No
defendant shall be allowed to participate in the pretrial program for
accelerated rehabilitation more than two times. For the purposes of this
section, "veteran" means any person who was discharged or released
under conditions other than dishonorable from active service in the
armed forces as defined in section 27-103.
(c) This section shall not be applicable: (1) To any person charged
with (A) a class A felony, (B) a class B felony, except a violation of
subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does
not involve the use, attempted use or threatened use of physical force
against another person, or a violation of subdivision (4) of subsection (a)
of section 53a-122 that does not involve the use, attempted use or
threatened use of physical force against another person and does not
involve a violation by a person who is a public official, as defined in
section 1-110, or a state or municipal employee, as defined in section 1-
110, or (C) a violation of section 53a-70b of the general statutes, revision
of 1958, revised to January 1, 2019, or section 14-227a or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2)
of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-
70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-
72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged Substitute House Bill No. 6594
Public Act No. 21-102 12 of 44
with a crime or motor vehicle violation who, as a result of the
commission of such crime or motor vehicle violation, causes the death
of another person, (3) to any person accused of a family violence crime
as defined in section 46b-38a who (A) is eligible for the pretrial family
violence education program established under section 46b-38c, as
amended by this act, or (B) has previously had the pretrial family
violence education program invoked in such person's behalf, (4) to any
person charged with a violation of section 21a-267, as amended by this
act, or 21a-279, as amended by this act, who (A) is eligible for the pretrial
drug education and community service program established under
section 54-56i, as amended by this act, or (B) has previously had the
pretrial drug education program or the pretrial drug education and
community service program invoked on such person's behalf, (5) unless
good cause is shown, to (A) any person charged with a class C felony,
or (B) any person charged with committing a violation of subdivision
(1) of subsection (a) of section 53a-71 while such person was less than
four years older than the other person, (6) to any person charged with a
violation of section 9-359 or 9-359a, (7) to any person charged with a
motor vehicle violation (A) while operating a commercial motor vehicle,
as defined in section 14-1, or (B) who holds a commercial driver's license
or commercial driver's instruction permit at the time of the violation, (8)
to any person charged with a violation of subdivision (6) of subsection
(a) of section 53a-60, or (9) to a health care provider or vendor
participating in the state's Medicaid program charged with a violation
of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.
(d) Except as provided in subsection [(e)] (g) of this section, any
defendant who enters such program shall pay to the court a
participation fee of one hundred dollars. Any defendant who enters
such program shall agree to the tolling of any statute of limitations with
respect to such crime and to a waiver of the right to a speedy trial. Any
such defendant shall appear in court and shall, under such conditions
as the court shall order, be released to the custody of the Court Support Substitute House Bill No. 6594
Public Act No. 21-102 13 of 44
Services Division, except that, if a criminal docket for drug-dependent
persons has been established pursuant to section 51-181b in the judicial
district, such defendant may be transferred, under such conditions as
the court shall order, to the court handling such docket for supervision
by such court. If the defendant refuses to accept, or, having accepted,
violates such conditions, the defendant's case shall be brought to trial.
The period of such probation or supervision, or both, shall not exceed
two years. If the defendant has reached the age of sixteen years but has
not reached the age of eighteen years, the court may order that as a
condition of such probation the defendant be referred for services to a
youth service bureau established pursuant to section 10-19m, provided
the court finds, through an assessment by a youth service bureau or its
designee, that the defendant is in need of and likely to benefit from such
services. When determining any conditions of probation to order for a
person entering such program who was charged with a misdemeanor
that did not involve the use, attempted use or threatened use of physical
force against another person or a motor vehicle violation, the court shall
consider ordering the person to perform community service in the
community in which the offense or violation occurred. If the court
determines that community service is appropriate, such community
service may be implemented by a community court established in
accordance with section 51-181c if the offense or violation occurred
within the jurisdiction of a community court established by said section.
If the defendant is charged with a violation of section 46a-58, 53-37a,
53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of
such probation the defendant participate in a hate crimes diversion
program as provided in subsection (e) of this section. If a defendant is
charged with a violation of section 53-247, the court may order that as a
condition of such probation the defendant undergo psychiatric or
psychological counseling or participate in an animal cruelty prevention
and education program provided such a program exists and is available
to the defendant. Substitute House Bill No. 6594
Public Act No. 21-102 14 of 44
(e) If the court orders the defendant to participate in a hate crimes
diversion program as a condition of probation, the defendant shall pay
to the court a participation fee of four hundred twenty-five dollars,
except as provided in subsection (g) of this section. [No person may be
excluded from such program for inability to pay such fee, provided (1)
such person files with the court an affidavit of indigency or inability to
pay, (2) such indigency or inability to pay is confirmed by the Court
Support Services Division, and (3) the court enters a finding thereof.]
The Judicial Department shall contract with service providers, develop
standards and oversee appropriate hate crimes diversion programs to
meet the requirements of this section. Any defendant whose
employment or residence makes it unreasonable to attend a hate crimes
diversion program in this state may attend a program in another state
which has standards substantially similar to, or higher than, those of this
state, subject to the approval of the court and payment of the application
and program fees as provided in this section. The hate crimes diversion
program shall consist of an educational program and supervised
community service.
(f) If a defendant released to the custody of the Court Support
Services Division satisfactorily completes such defendant's period of
probation, such defendant may apply for dismissal of the charges
against such defendant and the court, on finding such satisfactory
completion, shall dismiss such charges. If the defendant does not apply
for dismissal of the charges against such defendant after satisfactorily
completing such defendant's period of probation, the court, upon
receipt of a report submitted by the Court Support Services Division that
the defendant satisfactorily completed such defendant's period of
probation, may on its own motion make a finding of such satisfactory
completion and dismiss such charges. If a defendant transferred to the
court handling the criminal docket for drug-dependent persons
satisfactorily completes such defendant's period of supervision, the
court shall release the defendant to the custody of the Court Support Substitute House Bill No. 6594
Public Act No. 21-102 15 of 44
Services Division under such conditions as the court shall order or shall
dismiss such charges. Upon dismissal, all records of such charges shall
be erased pursuant to section 54-142a. An order of the court denying a
motion to dismiss the charges against a defendant who has completed
such defendant's period of probation or supervision or terminating the
participation of a defendant in such program shall be a final judgment
for purposes of appeal.
(g) The court shall waive any application or participation fee under
this section for any person who (1) files with the court an affidavit of
indigency or inability to pay, has such indigency confirmed by the Court
Support Services Division and the court enters a finding thereof, or (2)
has been determined indigent and eligible for representation by a public
defender who has been appointed on behalf of such person pursuant to
section 51-296. The court shall not require a person to perform
community service in lieu of payment of such fee, if such fee is waived.
Sec. 13. Section 54-56g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) (1) There shall be a pretrial alcohol education program for persons
charged with a violation of section 14-227a, 14-227g or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-
133 or 15-140n. Upon application by any such person for participation
in such program, the court shall, but only as to the public, order the
court file sealed, and such person shall pay to the court an application
fee of one hundred dollars and a nonrefundable evaluation fee of one
hundred dollars, except as provided for in subsection (i) of this section,
and such person shall state under oath, in open court or before any
person designated by the clerk and duly authorized to administer oaths,
under penalties of perjury that: (A) If such person is charged with a
violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of
subsection (a) of section 14-227n, subsection (d) of section 15-133 or
section 15-140n, such person has not had such program invoked in such Substitute House Bill No. 6594
Public Act No. 21-102 16 of 44
person's behalf within the preceding ten years for a violation of section
14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of
section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B)
such person has not been convicted of a violation of section 53a-56b or
53a-60d, a violation of subsection (a) of section 14-227a before, on or
after October 1, 1981, a violation of subdivision (1) or (2) of subsection
(a) of section 14-227a on or after October 1, 1985, a violation of section
14-227g, a violation of section 14-227m or a violation of subdivision (1)
or (2) of subsection (a) of section 14-227n, (C) such person has not been
convicted of a violation of section 15-132a, subsection (d) of section 15-
133, section 15-140l or section 15-140n, (D) such person has not been
convicted in any other state at any time of an offense the essential
elements of which are substantially the same as section 53a-56b, 53a-60d,
15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of
section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a)
of section 14-227n or subsection (d) of section 15-133, and (E) notice has
been given by such person, by registered or certified mail on a form
prescribed by the Office of the Chief Court Administrator, to each victim
who sustained a serious physical injury, as defined in section 53a-3,
which was caused by such person's alleged violation, that such person
has applied to participate in the pretrial alcohol education program and
that such victim has an opportunity to be heard by the court on the
application.
(2) The court shall provide each such victim who sustained a serious
physical injury an opportunity to be heard prior to granting an
application under this section. Unless good cause is shown, a person
shall be ineligible for participation in such pretrial alcohol education
program if such person's alleged violation of section 14-227a, 14-227g or
14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
subsection (d) of section 15-133 caused the serious physical injury, as
defined in section 53a-3, of another person. Substitute House Bill No. 6594
Public Act No. 21-102 17 of 44
(3) The application fee imposed under this subsection shall be
credited to the Criminal Injuries Compensation Fund established under
section 54-215. The evaluation fee imposed under this subsection shall
be credited to the pretrial account established under section 54-56k.
(b) The court, after consideration of the recommendation of the state's
attorney, assistant state's attorney or deputy assistant state's attorney in
charge of the case, may, in its discretion, grant such application. If the
court grants such application, the court shall refer such person to the
Court Support Services Division for assessment and confirmation of the
eligibility of the applicant and to the Department of Mental Health and
Addiction Services for evaluation. The Court Support Services Division,
in making its assessment and confirmation, may rely on the
representations made by the applicant under oath in open court with
respect to convictions in other states of offenses specified in subsection
(a) of this section. Upon confirmation of eligibility and receipt of the
evaluation report, the defendant shall be referred to the Department of
Mental Health and Addiction Services by the Court Support Services
Division for placement in an appropriate alcohol intervention program
for one year, or be placed in a state-licensed substance abuse treatment
program. The alcohol intervention program shall include a ten-session
intervention program and a fifteen-session intervention program. Any
person who enters the pretrial alcohol education program shall agree:
(1) To the tolling of the statute of limitations with respect to such crime,
(2) to a waiver of such person's right to a speedy trial, (3) to complete
ten or fifteen counseling sessions in an alcohol intervention program or
successfully complete a substance abuse treatment program of not less
than twelve sessions pursuant to this section dependent upon the
evaluation report and the court order, (4) to commence participation in
an alcohol intervention program or substance abuse treatment program
not later than ninety days after the date of entry of the court order unless
granted a delayed entry into a program by the court, (5) upon
completion of participation in the alcohol intervention program, to Substitute House Bill No. 6594
Public Act No. 21-102 18 of 44
accept placement in a substance abuse treatment program upon the
recommendation of a provider under contract with the Department of
Mental Health and Addiction Services pursuant to subsection (f) of this
section or placement in a state-licensed substance abuse treatment
program which meets standards established by the Department of
Mental Health and Addiction Services, if the Court Support Services
Division deems it appropriate, and (6) if ordered by the court, to
participate in at least one victim impact panel. The suspension of the
motor vehicle operator's license of any such person pursuant to section
14-227b shall be effective during the period such person is participating
in the pretrial alcohol education program, provided such person shall
have the option of not commencing the participation in such program
until the period of such suspension is completed. If the Court Support
Services Division informs the court that the defendant is ineligible for
such program and the court makes a determination of ineligibility or if
the program provider certifies to the court that the defendant did not
successfully complete the assigned program or is no longer amenable to
treatment and such person does not request, or the court denies,
program reinstatement under subsection (e) of this section, the court
shall order the court file to be unsealed, enter a plea of not guilty for
such defendant and immediately place the case on the trial list. If such
defendant satisfactorily completes the assigned program, such
defendant may apply for dismissal of the charges against such
defendant and the court, on reviewing the record of the defendant's
participation in such program submitted by the Court Support Services
Division and on finding such satisfactory completion, shall dismiss the
charges. If the defendant does not apply for dismissal of the charges
against such defendant after satisfactorily completing the assigned
program the court, upon receipt of the record of the defendant's
participation in such program submitted by the Court Support Services
Division, may on its own motion make a finding of such satisfactory
completion and dismiss the charges. Upon motion of the defendant and
a showing of good cause, the court may extend the one-year placement Substitute House Bill No. 6594
Public Act No. 21-102 19 of 44
period for a reasonable period for the defendant to complete the
assigned program. A record of participation in such program shall be
retained by the Court Support Services Division for a period of ten years
from the date the court grants the application for participation in such
program. The Court Support Services Division shall transmit to the
Department of Motor Vehicles a record of participation in such program
for each person who satisfactorily completes such program. The
Department of Motor Vehicles shall maintain for a period of ten years
the record of a person's participation in such program as part of such
person's driving record. The Court Support Services Division shall
transmit to the Department of Energy and Environmental Protection the
record of participation of any person who satisfactorily completes such
program who has been charged with a violation of the provisions of
subsection (d) of section 15-133 or section 15-140n. The Department of
Energy and Environmental Protection shall maintain for a period of ten
years the record of a person's participation in such program as a part of
such person's boater certification record.
(c) (1) At the time the court grants the application for participation in
the pretrial alcohol education program, such person shall also pay to the
court a nonrefundable program fee of three hundred fifty dollars if such
person is ordered to participate in the ten-session intervention program
and a nonrefundable program fee of five hundred dollars if such person
is ordered to participate in the fifteen-session intervention program,. If
the court grants the application for participation in the pretrial alcohol
education program and such person is ordered to participate in a
substance abuse treatment program, such person shall be responsible
for the costs associated with participation in such program. No person
may be excluded from either program for inability to pay such fee or
cost, [provided (1) such person files with the court an affidavit of
indigency or inability to pay, (2) such indigency or inability to pay is
confirmed by the Court Support Services Division, and (3) the court
enters a finding thereof] and the court shall waive any such fee or cost Substitute House Bill No. 6594
Public Act No. 21-102 20 of 44
for any intervention program if such person is found eligible to have
such fee or cost waived under subsection (i) of this section.
(2) If the court finds that a person is indigent or unable to pay for a
treatment program using the method for determining indigency
described in subsection (i) of this section, the costs of such program shall
be paid from the pretrial account established under section 54-56k. [If
the court finds that a person is indigent or unable to pay for an
intervention program, the court may waive all or any portion of the fee
for such intervention program.]
(3) If the court denies the application, such person shall not be
required to pay the program fee. If the court grants the application and
such person is later determined to be ineligible for participation in such
pretrial alcohol education program or fails to complete the assigned
program, the program fee shall not be refunded. All program fees shall
be credited to the pretrial account established under section 54-56k.
(d) If a person returns to court with certification from a program
provider that such person did not successfully complete the assigned
program or is no longer amenable to treatment, the provider, to the
extent practicable, shall include a recommendation to the court as to
whether a ten-session intervention program, a fifteen-session
intervention program or placement in a state-licensed substance abuse
treatment program would best serve such person's needs. The provider
shall also indicate whether the current program referral was an initial
referral or a reinstatement to the program.
(e) When a person subsequently requests reinstatement into an
alcohol intervention program or a substance abuse treatment program
and the Court Support Services Division verifies that such person is
eligible for reinstatement into such program and thereafter the court
favorably acts on such request, such person shall pay a nonrefundable
program fee of one hundred seventy-five dollars if ordered to complete Substitute House Bill No. 6594
Public Act No. 21-102 21 of 44
a ten-session intervention program or two hundred fifty dollars if
ordered to complete a fifteen-session intervention program, as the case
may be, [. Unless good cause is shown, such fees shall not be waived]
except as provided in subsection (i) of this section. If the court grants a
person's request to be reinstated into a treatment program, such person
shall be responsible for the costs, if any, associated with being reinstated
into the treatment program. All program fees collected in connection
with a reinstatement to an intervention program shall be credited to the
pretrial account established under section 54-56k. No person shall be
permitted more than two program reinstatements pursuant to this
subsection.
(f) The Department of Mental Health and Addiction Services shall
contract with service providers, develop standards and oversee
appropriate alcohol programs to meet the requirements of this section.
Said department shall adopt regulations, in accordance with chapter 54,
to establish standards for such alcohol programs. Any person ordered
to participate in a treatment program shall do so at a state-licensed
treatment program which meets the standards established by said
department. Any defendant whose employment or residence makes it
unreasonable to attend an alcohol intervention program or a substance
abuse treatment program in this state may attend a program in another
state which has standards substantially similar to, or higher than, those
of this state, subject to the approval of the court and payment of the
application, evaluation and program fees and treatment costs, as
appropriate, as provided in this section.
(g) The court may, as a condition of granting such application, require
that such person participate in a victim impact panel program approved
by the Court Support Services Division of the Judicial Department. Such
victim impact panel program shall provide a nonconfrontational forum
for the victims of alcohol-related or drug-related offenses and offenders
to share experiences on the impact of alcohol-related or drug-related Substitute House Bill No. 6594
Public Act No. 21-102 22 of 44
incidents in their lives. Such victim impact panel program shall be
conducted by a nonprofit organization that advocates on behalf of
victims of accidents caused by persons who operated a motor vehicle
while under the influence of intoxicating liquor or any drug, or both.
Such organization may assess a participation fee of not more than
seventy-five dollars on any person required by the court to participate
in such program, provided such organization shall offer a [hardship]
waiver when [it has determined that the imposition of a fee would pose
an economic hardship for such person] such person has been
determined indigent and eligible for representation by a public
defender who has been appointed on behalf of such person pursuant to
section 51-296.
(h) The provisions of this section shall not be applicable in the case of
any person charged with a violation of section 14-227a or 14-227m or
subdivision (1) or (2) of subsection (a) of section 14-227n (1) while
operating a commercial motor vehicle, as defined in section 14-1, or (2)
who holds a commercial driver's license or commercial driver's
instruction permit at the time of the violation.
(i) The court shall waive any fee or cost under subsection (a), (c) or (e)
of this section for any person who (1) files with the court an affidavit of
indigency or inability to pay, has such indigency confirmed by the Court
Support Services Division and the court enters a finding thereof, or (2)
has been determined indigent and eligible for representation by a public
defender who has been appointed on behalf of such person pursuant to
section 51-296. The court shall not require a person to perform
community service in lieu of payment of such fee or cost, if such fee or
cost is waived.
Sec. 14. Section 54-56i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) There is established a pretrial drug education and community Substitute House Bill No. 6594
Public Act No. 21-102 23 of 44
service program for persons charged with a violation of section 21a-257,
as amended by this act, 21a-267, as amended by this act, 21a-279, as
amended by this act, or 21a-279a. The pretrial drug education and
community service program shall include a fifteen-session drug
education program and a substance abuse treatment program of not less
than fifteen sessions, and the performance of community service.
(b) Upon application by any such person for participation in such
program, the court shall, but only as to the public, order the court file
sealed, and such person shall pay to the court of an application fee of
one hundred dollars and a nonrefundable evaluation fee of one hundred
fifty dollars, except as provided in subsection (l) of this section. A person
shall be ineligible for participation in such pretrial drug education and
community service program if such person has twice previously
participated in (1) the pretrial drug education program established
under the provisions of this section in effect prior to October 1, 2013, (2)
the community service labor program established under section 53a-39c,
as amended by this act, (3) the pretrial drug education and community
service program established under this section, or (4) any of such
programs, except that the court may allow a person who has twice
previously participated in such programs to participate in the pretrial
drug education and community service program one additional time,
for good cause shown. The evaluation and application fee imposed
under this subsection shall be credited to the pretrial account
established under section 54-56k.
(c) The court, after consideration of the recommendation of the state's
attorney, assistant state's attorney or deputy assistant state's attorney in
charge of the case, may, in its discretion, grant such application. If the
court grants such application, the court shall refer such person (1) to the
Court Support Services Division for confirmation of the eligibility of the
applicant, (2) to the Department of Mental Health and Addiction
Services for evaluation and determination of an appropriate drug Substitute House Bill No. 6594
Public Act No. 21-102 24 of 44
education or substance abuse treatment program for the first or second
time such application is granted, and (3) to a state-licensed substance
abuse treatment program for evaluation and determination of an
appropriate substance abuse treatment program for the third time such
application is granted, except that, if such person is a veteran, the court
may refer such person to the Department of Veterans Affairs or the
United States Department of Veterans Affairs, as applicable, for any
such evaluation and determination. For the purposes of this subsection
and subsection (d) of this section, "veteran" means any person who was
discharged or released under conditions other than dishonorable from
active service in the armed forces as defined in section 27-103.
(d) (1) (A) Upon confirmation of eligibility and receipt of the
evaluation and determination required under subsection (c) of this
section, such person shall be placed in the pretrial drug education and
community service program and referred by the Court Support Services
Division for the purpose of receiving appropriate drug education
services or substance abuse treatment program services, as
recommended by the evaluation conducted pursuant to subsection (c)
of this section and ordered by the court, to the Department of Mental
Health and Addiction Services or to a state-licensed substance abuse
treatment program for placement in the appropriate drug education or
substance abuse treatment program, except that, if such person is a
veteran, the division may refer such person to the Department of
Veterans Affairs or the United States Department of Veterans Affairs,
subject to the provisions of subdivision (2) of this subsection.
(B) Persons who have been granted entry into the pretrial drug
education and community service program for the first time shall
participate in either a fifteen-session drug education program or a
substance abuse treatment program of not less than fifteen sessions, as
ordered by the court on the basis of the evaluation and determination
required under subsection (c) of this section. Persons who have been Substitute House Bill No. 6594
Public Act No. 21-102 25 of 44
granted entry into the pretrial drug education and community service
program for the second time shall participate in either a fifteen-session
drug education program or a substance abuse treatment program of not
less than fifteen sessions, as ordered by the court based on the
evaluation and determination required under subsection (c) of this
section. Persons who have been granted entry into the pretrial drug
education and community service program for a third time shall be
referred to a state-licensed substance abuse program for evaluation and
participation in a course of treatment as ordered by the court based on
the evaluation and determination required under subsection (c) of this
section.
(C) Persons who have been granted entry into the pretrial drug
education and community service program shall also participate in a
community service program administered by the Court Support
Services Division pursuant to section 53a-39c, as amended by this act.
Persons who have been granted entry into the pretrial drug education
and community service program for the first time shall participate in the
community service program for a period of five days. Persons who have
been granted entry into the pretrial drug education and community
service program for the second time shall participate in the community
service program for a period of fifteen days. Persons who have been
granted entry into the pretrial drug education and community service
program for a third or additional time shall participate in the
community service program for a period of thirty days.
(D) Placement in the pretrial drug education and community service
program pursuant to this section shall not exceed one year. Persons
receiving substance abuse treatment program services in accordance
with the provisions of this section shall only receive such services at
state-licensed substance abuse treatment program facilities that are in
compliance with all state standards governing the operation of such
facilities, except that, if such person is a veteran, such person may Substitute House Bill No. 6594
Public Act No. 21-102 26 of 44
receive services from facilities under the supervision of the Department
of Veterans Affairs or the United States Department of Veterans Affairs,
subject to the provisions of subdivision (2) of this subsection.
(E) Any person who enters the pretrial drug education and
community service program shall agree: (i) To the tolling of the statute
of limitations with respect to such crime; (ii) to a waiver of such person's
right to a speedy trial; (iii) to complete participation in the pretrial drug
education and community service program, as ordered by the court; (iv)
to commence participation in the pretrial drug education and
community service program not later than ninety days after the date of
entry of the court order unless granted a delayed entry into the program
by the court; and (v) upon completion of participation in the pretrial
drug education and community service program, to accept (I) placement
in a treatment program upon the recommendation of a provider under
contract with the Department of Mental Health and Addiction Services
or a provider under the supervision of the Department of Veterans
Affairs or the United States Department of Veterans Affairs, or (II)
placement in a treatment program that has standards substantially
similar to, or higher than, a program of a provider under contract with
the Department of Mental Health and Addiction Services, if the Court
Support Services Division deems it appropriate.
(2) The Court Support Services Division may only refer a veteran to
the Department of Veterans Affairs or the United States Department of
Veterans Affairs for the receipt of services under the program if (A) the
division determines that such services will be provided in a timely
manner under standards substantially similar to, or higher than,
standards for services provided by the Department of Mental Health
and Addiction Services under the program, and (B) the applicable
department agrees to submit timely program participation and
completion reports to the division in the manner required by the
division. Substitute House Bill No. 6594
Public Act No. 21-102 27 of 44
(e) If the Court Support Services Division informs the court that such
person is ineligible for the program and the court makes a determination
of ineligibility or if the program provider certifies to the court that such
person did not successfully complete the assigned program and such
person did not request, or the court denied, reinstatement in the
program under subsection (i) of this section, the court shall order the
court file to be unsealed, enter a plea of not guilty for such person and
immediately place the case on the trial list.
(f) If such person satisfactorily completes the assigned program, such
person may apply for dismissal of the charges against such person and
the court, on reviewing the record of such person's participation in such
program submitted by the Court Support Services Division and on
finding such satisfactory completion, shall dismiss the charges. If such
person does not apply for dismissal of the charges against such person
after satisfactorily completing the assigned program, the court, upon
receipt of the record of such person's participation in such program
submitted by the Court Support Services Division, may on its own
motion make a finding of such satisfactory completion and dismiss the
charges. Upon motion of such person and a showing of good cause, the
court may extend the placement period for a reasonable period of time
to allow such person to complete the assigned program. A record of
participation in such program shall be retained by the Court Support
Services Division for a period of ten years from the date the court grants
the application for participation in the program.
(g) At the time the court grants the application for participation in the
pretrial drug education and community service program, any person
ordered to participate in such drug education program shall pay to the
court a nonrefundable program fee of six hundred dollars. If the court
orders participation in a substance abuse treatment program, such
person shall pay to the court a nonrefundable program fee of one
hundred dollars and shall be responsible for the costs associated with Substitute House Bill No. 6594
Public Act No. 21-102 28 of 44
such program. No person may be excluded from any such program for
inability to pay such fee or cost, [provided (1) such person files with the
court an affidavit of indigency or inability to pay, (2) such indigency or
inability to pay is confirmed by the Court Support Services Division,
and (3) the court enters a finding thereof. The court may waive all or any
portion of such fee depending on such person's ability to pay] and the
court shall waive any such fee or cost if such person is found eligible to
have such fee or cost waived under subsection (l) of this section. If the
court [finds that a person is indigent or unable to pay] waives the costs
for a substance abuse treatment program, the costs of such program
shall be paid from the pretrial account established under section 54-56k.
If the court denies the application, such person shall not be required to
pay the program fee. If the court grants the application, and such person
is later determined to be ineligible for participation in such pretrial drug
education and community service program or fails to complete the
assigned program, the program fee shall not be refunded. All program
fees shall be credited to the pretrial account established under section
54-56k.
(h) If a person returns to court with certification from a program
provider that such person did not successfully complete the assigned
program or is no longer amenable to treatment, the provider, to the
extent practicable, shall include a recommendation to the court as to
whether placement in a drug education program or placement in a
substance abuse treatment program would best serve such person's
needs. The provider shall also indicate whether the current program
referral was an initial referral or a reinstatement to the program.
(i) When a person subsequently requests reinstatement into a drug
education program or a substance abuse treatment program and the
Court Support Services Division verifies that such person is eligible for
reinstatement into such program and thereafter the court favorably acts
on such request, any person reinstated into such drug education Substitute House Bill No. 6594
Public Act No. 21-102 29 of 44
program shall pay a nonrefundable program fee of two hundred fifty
dollars, and any person reinstated into a substance abuse treatment
program shall be responsible for the costs, if any, associated with being
reinstated into the treatment program, [. Unless good cause is shown,
such program fee shall not be waived] unless such person is found
eligible to have such fee or costs waived under subsection (l) of this
section. All program fees collected in connection with a reinstatement to
a drug education program shall be credited to the pretrial account
established under section 54-56k. No person shall be permitted more
than two program reinstatements pursuant to this subsection.
(j) The Department of Mental Health and Addiction Services shall
develop standards and oversee appropriate drug education programs
that it administers to meet the requirements of this section and may
contract with service providers to provide such programs. The
department shall adopt regulations, in accordance with chapter 54, to
establish standards for such drug education programs.
(k) Any person whose employment or residence or schooling makes
it unreasonable to attend a drug education program or substance abuse
treatment program in this state may attend a program in another state
that has standards similar to, or higher than, those of this state, subject
to the approval of the court and payment of the program fee or costs as
provided in this section.
(l) The court shall waive any fee or cost under subsection (b), (g) or
(i) of this section for any person who (1) files with the court an affidavit
of indigency or inability to pay, has such indigency confirmed by the
Court Support Services Division and the court enters a finding thereof,
or (2) has been determined indigent and eligible for representation by a
public defender who has been appointed on behalf of such person
pursuant to section 51-296. The court shall not require a person to
perform community service in lieu of payment of such fee or cost, if such
fee or cost is waived. Substitute House Bill No. 6594
Public Act No. 21-102 30 of 44
Sec. 15. Subsection (f) of section 54-56j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(f) The cost of participation in such program shall be paid by the
parent or guardian of such student, except that no student shall be
excluded from such program for inability to pay such cost provided (1)
the parent or guardian of such student files with the court an affidavit
of indigency or inability to pay [,] and [(2)] the court enters a finding
thereof, or (2) the parent or guardian of such student has been
determined indigent and such student is eligible for representation by a
public defender who has been appointed on behalf of such student
pursuant to section 51-296. The court shall not require a person to
perform community service in lieu of payment of such cost, if such cost
is waived.
Sec. 16. Subsection (i) of section 46b-38c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(i) A nonrefundable application fee of one hundred dollars shall be
paid to the court by any person who files a motion pursuant to
subdivision (1) of subsection (h) of this section to participate in the
pretrial family violence education program, and a fee of three hundred
dollars shall be paid to the court by any person who enters the family
violence education program, except that no person shall be excluded
from such program for inability to pay any such fee, provided (1) the
person files with the court an affidavit of indigency or inability to pay
[,] and [(2)] the court enters a finding thereof, or (2) such person has been
determined indigent and eligible for representation by a public
defender who has been appointed on behalf of such person pursuant to
section 51-296. The court shall not require a person to perform
community service in lieu of payment of such fee, if such fee is waived.
All such fees shall be credited to the General Fund. Substitute House Bill No. 6594
Public Act No. 21-102 31 of 44
Sec. 17. Section 17a-694 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) The Commissioner of Mental Health and Addiction Services or
the commissioner's designee shall appoint one or more clinical
examiners to conduct examinations for alcohol or drug dependency
ordered pursuant to the provisions of section 17a-693. Each examiner
shall be authorized by the department to conduct independent
evaluations.
(b) (1) The examiner shall determine whether the person being
examined was an alcohol-dependent or drug-dependent person at the
time of the crime. The commissioner shall disclose to the examiner
information contained in the Department of Mental Health and
Addiction Service's database concerning the date that the person
received treatment for alcohol or drug dependence, if at all, and the
location where such treatment was provided, for the purpose of
allowing the examiner to request a release of treatment information
from the department for the person.
(2) If such person is determined to have been dependent on alcohol
or drugs, the examiner shall further determine (A) the history and
pattern of the dependency, and (B) whether the person presently needs
and is likely to benefit from treatment for the dependency. If the
examiner determines that the person presently needs and is likely to
benefit from treatment, the examiner shall recommend treatment and
state the date when space will be available in an appropriate treatment
program, provided such date shall not be more than forty-five days
from the date of the examination report. A recommendation for
treatment shall include provisions for appropriate placement and the
type and length of treatment and may include provisions for outpatient
treatment.
(c) The examiner shall prepare and sign, without notarization, a Substitute House Bill No. 6594
Public Act No. 21-102 32 of 44
written examination report and deliver it to the court, the Court Support
Services Division, the state's attorney and defense counsel no later than
thirty days after the examination was ordered. An examination report
ordered pursuant to this section and section 17a-693 shall otherwise be
confidential and not open to public inspection or subject to disclosure.
(d) No statement made by the person in the course of an examination
under the provisions of this section may be admitted in evidence on the
issue of guilt in a criminal proceeding concerning the person.
(e) No person shall be denied an examination or participation in a
program under this section for inability to pay any cost or fee associated
with such examination or program, provided (1) the person files with
the court an affidavit of indigency or inability to pay and the court enters
a finding thereof, or (2) such person has been determined indigent and
eligible for representation by a public defender who has been appointed
on behalf of such person pursuant to section 51-296. The court shall not
require a person to perform community service in lieu of payment of
such cost or fee, if such cost or fee is waived.
Sec. 18. Section 17a-696 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) The provisions of this section shall not apply to any person
charged with a violation of section 14-227a, 14-227g or 14-227m,
subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-
56b or 53a-60d or with a class A, B or C felony or to any person who was
twice previously ordered treated under this section, subsection (i) of
section 17-155y, section 19a-386 or section 21a-284 of the general statutes
revised to 1989, or any combination thereof. The court may waive the
ineligibility provisions of this subsection for any person, except that the
court shall not waive the ineligibility provisions of this subsection for
any person charged with a violation of section 14-227a, 14-227g, 53a-56b
or 53a-60d if, at the time of the offense, such person was operating a Substitute House Bill No. 6594
Public Act No. 21-102 33 of 44
commercial vehicle, as defined in section 14-1, or held a commercial
driver's license or a commercial driver's instruction permit.
(b) The court may order suspension of prosecution and order
treatment for alcohol or drug dependency as provided in this section
and sections 17a-697 and 17a-698 if it, after considering information
before it concerning the alcohol or drug dependency of the person,
including the examination report made pursuant to the provisions of
section 17a-694, as amended by this act, finds that (1) the accused person
was an alcohol-dependent or drug-dependent person at the time of the
crime, (2) the person presently needs and is likely to benefit from
treatment for the dependency, and (3) suspension of prosecution will
advance the interests of justice. Treatment may begin no earlier than the
date the clinical examiner reports under the provisions of section 17a-
694, as amended by this act, that space is available in a treatment
program. Upon application by any such person for participation in a
treatment program, the court shall, but only as to the public, order the
court file sealed.
(c) A suspension of prosecution ordered under the provisions of
subsection (b) of this section may be for a period not exceeding two
years. During the period of suspension, an accused person shall be
placed in the custody of the Court Support Services Division for
treatment for alcohol or drug dependency. The court or the Court
Support Services Division may require that the person (1) comply with
any of the conditions specified in subsections (a) and (b) of section 53a-
30, and (2) be tested for use of alcohol or drugs during the period of
suspension. The accused person shall, unless indigent, pay the cost of
treatment ordered under this section.
(d) If prosecution is suspended under the provisions of subsection (b)
of this section, (1) the statute of limitations applicable to the crime
charged shall be tolled during the period of suspension, and (2) the
accused person shall be deemed to have waived such accused person's Substitute House Bill No. 6594
Public Act No. 21-102 34 of 44
right to a speedy trial for the crime charged.
(e) The court shall not suspend prosecution under subsection (b) of
this section unless (1) the accused person has acknowledged that he or
she understands the consequences of the suspension of prosecution, (2)
the accused person has given notice, by registered or certified mail on a
form prescribed by the Chief Court Administrator, to the victim, if any,
of the crime of which the person is accused and of the pending motion
for suspension of prosecution, (3) such victim, if any, has been given an
opportunity to be heard on the motion for suspension of prosecution,
and (4) the accused person, unless such accused person is indigent, has
paid to the clerk of the court an administration fee of twenty-five dollars.
(f) If the prosecution is suspended, the person shall be released on a
written promise to appear or on a bond and any other bond posted in
any criminal proceeding concerning such person shall be terminated.
(g) If the court denies the motion for suspension of prosecution, the
state's attorney may proceed with prosecution of the crime.
(h) A person shall be deemed to be indigent for the purposes of this
section if the court determines the person (1) has an estate insufficient
to provide for the person's support or there is no other person legally
liable or able to support the person, or (2) the person has been
determined indigent and eligible for representation by a public
defender who has been appointed on behalf of such person pursuant to
section 51-296. The court shall not require a person to perform
community service in lieu of payment of any cost or fee, if a cost or fee
is waived due to indigency.
Sec. 19. Section 21a-257 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) A person to whom or for whose use any narcotic drug has been
prescribed, sold or dispensed by a physician, dentist, pharmacist or Substitute House Bill No. 6594
Public Act No. 21-102 35 of 44
other person authorized under the provisions of section 21a-248, and the
owner of any animal for which any such drug has been prescribed, sold
or dispensed may lawfully possess it only in the container in which it
was delivered to the recipient by the person selling or dispensing the
same except as may be authorized by regulations adopted [hereunder]
in accordance with the provisions of chapter 54.
(b) Any person who fails to keep such narcotic drug in the original
container as provided in subsection (a) of this section, except as
provided in subsection (c) of this section, shall be guilty of a class D
misdemeanor.
(c) The provisions of subsection (b) of this section shall not apply to
any person who in good faith places such narcotic drug in either a (1)
pill box, case or organizer stored within such person's residence, or (2)
secured or locked pill box, case or organizer, provided such pill box,
case or organizer is accompanied by proof of such person's prescription.
Sec. 20. Section 51-164r of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any person charged with an infraction who fails to pay the fine
and any additional fee imposed or send in [his] a plea of not guilty by
the answer date or wilfully fails to appear for any scheduled court
appearance date which may be required shall be guilty of [a class C
misdemeanor] an unclassified misdemeanor and may be sentenced to a
term of imprisonment of not more than ten days.
(b) Any person charged with any violation specified in subsection (b)
of section 51-164n who fails to pay the fine and any additional fee
imposed or send in [his] a plea of not guilty by the answer date or
wilfully fails to appear for any scheduled court appearance date which
may be required shall be guilty of [a class A misdemeanor] an
unclassified misdemeanor and may be sentenced to a term of Substitute House Bill No. 6594
Public Act No. 21-102 36 of 44
imprisonment of not more than ten days.
Sec. 21. Subdivision (1) of subsection (a) of section 18-98d of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2021):
(a) (1) (A) Any person who is confined to a community correctional
center or a correctional institution for an offense committed on or after
July 1, 1981, and prior to October 1, 2021, under a mittimus or because
such person is unable to obtain bail or is denied bail shall, if
subsequently imprisoned, earn a reduction of such person's sentence
equal to the number of days which such person spent in such facility
from the time such person was placed in presentence confinement to the
time such person began serving the term of imprisonment imposed;
provided [(A)] (i) each day of presentence confinement shall be counted
only once for the purpose of reducing all sentences imposed after such
presentence confinement; and [(B)] (ii) the provisions of this section
shall only apply to a person for whom the existence of a mittimus, an
inability to obtain bail or the denial of bail is the sole reason for such
person's presentence confinement, except that if a person is serving a
term of imprisonment at the same time such person is in presentence
confinement on another charge and the conviction for such
imprisonment is reversed on appeal, such person shall be entitled, in
any sentence subsequently imposed, to a reduction based on such
presentence confinement in accordance with the provisions of this
section. In the case of a fine, each day spent in such confinement prior
to sentencing shall be credited against the sentence at a per diem rate
equal to the average daily cost of incarceration as determined by the
Commissioner of Correction.
(B) Any person who is confined to a community correctional center
or a correctional institution for an offense committed on or after October
1, 2021, under a mittimus or because such person is unable to obtain bail
or is denied bail shall, if subsequently imprisoned, earn a reduction of Substitute House Bill No. 6594
Public Act No. 21-102 37 of 44
such person's sentence equal to the number of days which such person
spent in such facility from the time such person was placed in
presentence confinement to the time such person began serving the term
of imprisonment imposed; provided (i) each day of presentence
confinement shall be counted equally in reduction of any concurrent
sentence imposed for any offense pending at the time such sentence was
imposed; (ii) each day of presentence confinement shall be counted only
once in reduction of any consecutive sentence so imposed; and (iii) the
provisions of this section shall only apply to a person for whom the
existence of a mittimus, an inability to obtain bail or the denial of bail is
the sole reason for such person's presentence confinement, except that if
a person is serving a term of imprisonment at the same time such person
is in presentence confinement on another charge and the conviction for
which such imprisonment was imposed is reversed on appeal, such
person shall be entitled, in any sentence subsequently imposed, to a
reduction based on such presentence confinement in accordance with
the provisions of this section. In the case of a fine, each day spent in such
confinement prior to sentencing shall be credited against the sentence at
a per diem rate equal to the average daily cost of incarceration as
determined by the Commissioner of Correction.
Sec. 22. Section 21a-267 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) No person shall use or possess with intent to use drug
paraphernalia, as defined in subdivision (20) of section 21a-240, to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or
conceal, or to ingest, inhale or otherwise introduce into the human body,
any controlled substance, as defined in subdivision (9) of section 21a-
240, other than a cannabis-type substance in a quantity of less than one-
half ounce. Any person who violates any provision of this subsection
shall be guilty of a class C misdemeanor. Substitute House Bill No. 6594
Public Act No. 21-102 38 of 44
(b) No person shall deliver, possess with intent to deliver or
manufacture with intent to deliver drug paraphernalia knowing, or
under circumstances where one reasonably should know, that it will be
used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal, or to ingest, inhale or otherwise
introduce into the human body, any controlled substance, other than a
cannabis-type substance in a quantity of less than one-half ounce. Any
person who violates any provision of this subsection shall be guilty of a
class A misdemeanor.
(c) Any person who violates subsection (a) or (b) of this section [in or
on, or within one thousand five hundred feet of,] (1) with intent to
commit such violation at a specific location that the trier of fact
determines is (A) in or on the real property comprising a public or
private elementary or secondary school, or (B) within two hundred feet
of the perimeter of the real property comprising a public or private
elementary or secondary school, and (2) who is not enrolled as a student
in such school shall be imprisoned for a term of one year which shall not
be suspended and shall be in addition and consecutive to any term of
imprisonment imposed for violation of subsection (a) or (b) of this
section.
(d) No person shall (1) use or possess with intent to use drug
paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal, or to ingest, inhale or
otherwise introduce into the human body, less than one-half ounce of a
cannabis-type substance, or (2) deliver, possess with intent to deliver or
manufacture with intent to deliver drug paraphernalia knowing, or
under circumstances where one reasonably should know, that it will be
used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, Substitute House Bill No. 6594
Public Act No. 21-102 39 of 44
repack, store, contain or conceal, or to ingest, inhale or otherwise
introduce into the human body, less than one-half ounce of a cannabis-
type substance. Any person who violates any provision of this
subsection shall have committed an infraction.
(e) The provisions of subsection (a) of this section shall not apply to
any person (1) who in good faith, seeks medical assistance for another
person who such person reasonably believes is experiencing an
overdose from the ingestion, inhalation or injection of intoxicating
liquor or any drug or substance, (2) for whom another person, in good
faith, seeks medical assistance, reasonably believing such person is
experiencing an overdose from the ingestion, inhalation or injection of
intoxicating liquor or any drug or substance, or (3) who reasonably
believes he or she is experiencing an overdose from the ingestion,
inhalation or injection of intoxicating liquor or any drug or substance
and, in good faith, seeks medical assistance for himself or herself, if
evidence of the use or possession of drug paraphernalia in violation of
said subsection was obtained as a result of the seeking of such medical
assistance. For the purposes of this subsection, "good faith" does not
include seeking medical assistance during the course of the execution of
an arrest warrant or search warrant or a lawful search.
Sec. 23. Section 21a-278a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any person eighteen years of age or older who violates section
21a-277 or 21a-278, and who is not, at the time of such action, a drug-
dependent person, by distributing, selling, prescribing, dispensing,
offering, giving or administering any controlled substance to another
person who is under eighteen years of age and is at least two years
younger than such person who is in violation of section 21a-277 or 21a-
278, shall be imprisoned for a term of two years, which shall not be
suspended and shall be in addition and consecutive to any term of
imprisonment imposed for violation of section 21a-277 or 21a-278. Substitute House Bill No. 6594
Public Act No. 21-102 40 of 44
(b) Any person who violates section 21a-277 or 21a-278 by
manufacturing, distributing, selling, prescribing, dispensing,
compounding, transporting with the intent to sell or dispense,
possessing with the intent to sell or dispense, offering, giving or
administering to another person any controlled substance [in or on, or
within one thousand five hundred feet of,] with intent to commit such
violation at a specific location that the trier of fact determines is (1) in or
on the real property comprising a (A) public or private elementary or
secondary school, [a] (B) public housing project, or [a] (C) licensed child
care center, as defined in section 19a-77, that is identified as a child care
center by a sign posted in a conspicuous place, or (2) within two
hundred feet of the perimeter of the real property comprising such (A)
public or private elementary or secondary school, (B) public housing
project, or (C) licensed child care center, shall be imprisoned for a term
of three years, which shall not be suspended and shall be in addition
and consecutive to any term of imprisonment imposed for violation of
section 21a-277 or 21a-278. To constitute a violation of this subsection,
an act of transporting or possessing a controlled substance shall be with
intent to sell or dispense in or on, or within [one thousand five] two
hundred feet of the perimeter of, the real property comprising a public
or private elementary or secondary school, a public housing project or a
licensed child care center, as defined in section 19a-77, that is identified
as a child care center by a sign posted in a conspicuous place. For the
purposes of this subsection, "public housing project" means dwelling
accommodations operated as a state or federally subsidized multifamily
housing project by a housing authority, nonprofit corporation or
municipal developer, as defined in section 8-39, pursuant to chapter 128
or by the Connecticut Housing Authority pursuant to chapter 129.
(c) Any person who employs, hires, uses, persuades, induces, entices
or coerces a person under eighteen years of age to violate section 21a-
277 or 21a-278 shall be imprisoned for a term of three years, which shall
not be suspended and shall be in addition and consecutive to any term Substitute House Bill No. 6594
Public Act No. 21-102 41 of 44
of imprisonment imposed for violation of section 21a-277 or 21a-278.
Sec. 24. Section 21a-279 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) (1) Any person who possesses or has under such person's control
any quantity of any controlled substance, except less than one-half
ounce of a cannabis-type substance and except as authorized in this
chapter, shall be guilty of a class A misdemeanor.
(2) For a second offense of subdivision (1) of this subsection, the court
shall evaluate such person and, if the court determines such person is a
drug-dependent person, the court may suspend prosecution of such
person and order such person to undergo a substance abuse treatment
program.
(3) For any subsequent offense of subdivision (1) of this subsection,
the court may find such person to be a persistent offender for possession
of a controlled substance in accordance with section 53a-40, as amended
by this act.
(b) Any person who violates subsection (a) of this section with intent
to commit such violation at a specific location that the trier of fact
determines is in or on, or within [one thousand five] two hundred feet
of [,] the perimeter of the real property comprising a (1) public or private
elementary or secondary school and who is not enrolled as a student in
such school, or [a] (2) licensed child care center, as defined in section
19a-77, that is identified as a child care center by a sign posted in a
conspicuous place, shall be guilty of a class A misdemeanor and shall be
sentenced to a term of imprisonment and a period of probation during
which such person shall perform community service as a condition of
such probation, in a manner ordered by the court.
(c) To the extent that it is possible, medical treatment rather than
criminal sanctions shall be afforded individuals who breathe, inhale, Substitute House Bill No. 6594
Public Act No. 21-102 42 of 44
sniff or drink the volatile substances described in subdivision (49) of
section 21a-240.
(d) The provisions of subsection (a) of this section shall not apply to
any person (1) who in good faith, seeks medical assistance for another
person who such person reasonably believes is experiencing an
overdose from the ingestion, inhalation or injection of intoxicating
liquor or any drug or substance, (2) for whom another person, in good
faith, seeks medical assistance, reasonably believing such person is
experiencing an overdose from the ingestion, inhalation or injection of
intoxicating liquor or any drug or substance, or (3) who reasonably
believes he or she is experiencing an overdose from the ingestion,
inhalation or injection of intoxicating liquor or any drug or substance
and, in good faith, seeks medical assistance for himself or herself, if
evidence of the possession or control of a controlled substance in
violation of subsection (a) of this section was obtained as a result of the
seeking of such medical assistance. For the purposes of this subsection,
"good faith" does not include seeking medical assistance during the
course of the execution of an arrest warrant or search warrant or a lawful
search.
(e) No provision of this section shall be construed to alter or modify
the meaning of the provisions of section 21a-278.
Sec. 25. Section 53a-39 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [At] Except as provided in subsection (b) of this section, at any
time during [the period of a definite sentence of three years or less] an
executed period of incarceration, the sentencing court or judge may,
after hearing and for good cause shown, reduce the sentence, order the
defendant discharged, or order the defendant discharged on probation
or conditional discharge for a period not to exceed that to which the
defendant could have been originally sentenced. Substitute House Bill No. 6594
Public Act No. 21-102 43 of 44
(b) At any time during the period of a [definite] sentence in which a
defendant has been sentenced to an executed period of incarceration of
more than [three] seven years as a result of a plea agreement, including
an agreement in which there is an agreed upon range of sentence, upon
agreement of the defendant and the state's attorney to seek review of the
sentence, the sentencing court or judge may, after hearing and for good
cause shown, reduce the sentence, order the defendant discharged, or
order the defendant discharged on probation or conditional discharge
for a period not to exceed that to which the defendant could have been
originally sentenced.
(c) If, after a hearing pursuant to this section, the sentencing court or
judge denies a motion to reduce a defendant's sentence or discharge the
defendant, the defendant may not file a subsequent motion for relief
under this section until five years have elapsed from the date of the most
recent decision denying such defendant relief pursuant to this section.
[(c)] (d) The provisions of this section shall not apply to any portion
of a sentence imposed that is a mandatory minimum sentence for an
offense which may not be suspended or reduced by the court.
[(d)] (e) At a hearing held by the sentencing court or judge under this
section, such court or judge shall permit any victim of the crime to
appear before the court or judge for the purpose of making a statement
for the record concerning whether or not the sentence of the defendant
should be reduced, the defendant should be discharged or the
defendant should be discharged on probation or conditional discharge
pursuant to subsection (a) or (b) of this section. In lieu of such
appearance, the victim may submit a written statement to the court or
judge and the court or judge shall make such statement a part of the
record at the hearing. For the purposes of this subsection, "victim"
means the victim, the legal representative of the victim or a member of
the deceased victim's immediate family. Substitute House Bill No. 6594
Public Act No. 21-102 44 of 44