Connecticut Senate Bill SB00960 Introduced / Bill

                        
 
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General Assembly  Raised Bill No. 960  
January Session, 2021 
LCO No. 3956 
 
 
Referred to Committee on JUDICIARY  
 
 
Introduced by:  
(JUD)  
 
 
 
 
AN ACT CONCERNING PR ETRIAL ALCOHOL AND D RUG 
EDUCATION PROGRAMS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 54-56g of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2021): 2 
[(a) (1) There shall be a pretrial alcohol education program for 3 
persons charged with a violation of section 14-227a, 14-227g or 14-227m, 4 
subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-5 
133 or 15-140n. Upon application by any such person for participation 6 
in such program, the court shall, but only as to the public, order the 7 
court file sealed, and such person shall pay to the court an application 8 
fee of one hundred dollars and a nonrefundable evaluation fee of one 9 
hundred dollars, and such person shall state under oath, in open court 10 
or before any person designated by the clerk and duly authorized to 11 
administer oaths, under penalties of perjury that: (A) If such person is 12 
charged with a violation of section 14-227a, 14-227g or 14-227m, 13 
subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) 14 
of section 15-133 or section 15-140n, such person has not had such 15  Raised Bill No.  960 
 
 
 
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program invoked in such person's behalf within the preceding ten years 16 
for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or 17 
(2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 18 
or section 15-140n, (B) such person has not been convicted of a violation 19 
of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-20 
227a before, on or after October 1, 1981, a violation of subdivision (1) or 21 
(2) of subsection (a) of section 14-227a on or after October 1, 1985, a 22 
violation of section 14-227g, a violation of section 14-227m or a violation 23 
of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such 24 
person has not been convicted of a violation of section 15-132a, 25 
subsection (d) of section 15-133, section 15-140l or section 15-140n, (D) 26 
such person has not been convicted in any other state at any time of an 27 
offense the essential elements of which are substantially the same as 28 
section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or 29 
(2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1) 30 
or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-31 
133, and (E) notice has been given by such person, by registered or 32 
certified mail on a form prescribed by the Office of the Chief Court 33 
Administrator, to each victim who sustained a serious physical injury, 34 
as defined in section 53a-3, which was caused by such person's alleged 35 
violation, that such person has applied to participate in the pretrial 36 
alcohol education program and that such victim has an opportunity to 37 
be heard by the court on the application. 38 
(2) The court shall provide each such victim who sustained a serious 39 
physical injury an opportunity to be heard prior to granting an 40 
application under this section. Unless good cause is shown, a person 41 
shall be ineligible for participation in such pretrial alcohol education 42 
program if such person's alleged violation of section 14-227a, 14-227g or 43 
14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 44 
subsection (d) of section 15-133 caused the serious physical injury, as 45 
defined in section 53a-3, of another person. 46 
(3) The application fee imposed under this subsection shall be 47 
credited to the Criminal Injuries Compensation Fund established under 48 
section 54-215. The evaluation fee imposed under this subsection shall 49  Raised Bill No.  960 
 
 
 
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be credited to the pretrial account established under section 54-56k. 50 
(b) The court, after consideration of the recommendation of the state's 51 
attorney, assistant state's attorney or deputy assistant state's attorney in 52 
charge of the case, may, in its discretion, grant such application. If the 53 
court grants such application, the court shall refer such person to the 54 
Court Support Services Division for assessment and confirmation of the 55 
eligibility of the applicant and to the Department of Mental Health and 56 
Addiction Services for evaluation. The Court Support Services Division, 57 
in making its assessment and confirmation, may rely on the 58 
representations made by the applicant under oath in open court with 59 
respect to convictions in other states of offenses specified in subsection 60 
(a) of this section. Upon confirmation of eligibility and receipt of the 61 
evaluation report, the defendant shall be referred to the Department of 62 
Mental Health and Addiction Services by the Court Support Services 63 
Division for placement in an appropriate alcohol intervention program 64 
for one year, or be placed in a state-licensed substance abuse treatment 65 
program. The alcohol intervention program shall include a ten-session 66 
intervention program and a fifteen-session intervention program. Any 67 
person who enters the pretrial alcohol education program shall agree: 68 
(1) To the tolling of the statute of limitations with respect to such crime, 69 
(2) to a waiver of such person's right to a speedy trial, (3) to complete 70 
ten or fifteen counseling sessions in an alcohol intervention program or 71 
successfully complete a substance abuse treatment program of not less 72 
than twelve sessions pursuant to this section dependent upon the 73 
evaluation report and the court order, (4) to commence participation in 74 
an alcohol intervention program or substance abuse treatment program 75 
not later than ninety days after the date of entry of the court order unless 76 
granted a delayed entry into a program by the court, (5) upon 77 
completion of participation in the alcohol intervention program, to 78 
accept placement in a substance abuse treatment program upon the 79 
recommendation of a provider under contract with the Department of 80 
Mental Health and Addiction Services pursuant to subsection (f) of this 81 
section or placement in a state-licensed substance abuse treatment 82 
program which meets standards established by the Department of 83  Raised Bill No.  960 
 
 
 
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Mental Health and Addiction Services, if the Court Support Services 84 
Division deems it appropriate, and (6) if ordered by the court, to 85 
participate in at least one victim impact panel. The suspension of the 86 
motor vehicle operator's license of any such person pursuant to section 87 
14-227b shall be effective during the period such person is participating 88 
in the pretrial alcohol education program, provided such person shall 89 
have the option of not commencing the participation in such program 90 
until the period of such suspension is completed. If the Court Support 91 
Services Division informs the court that the defendant is ineligible for 92 
such program and the court makes a determination of ineligibility or if 93 
the program provider certifies to the court that the defendant did not 94 
successfully complete the assigned program or is no longer amenable to 95 
treatment and such person does not request, or the court denies, 96 
program reinstatement under subsection (e) of this section, the court 97 
shall order the court file to be unsealed, enter a plea of not guilty for 98 
such defendant and immediately place the case on the trial list. If such 99 
defendant satisfactorily completes the assigned program, such 100 
defendant may apply for dismissal of the charges against such 101 
defendant and the court, on reviewing the record of the defendant's 102 
participation in such program submitted by the Court Support Services 103 
Division and on finding such satisfactory completion, shall dismiss the 104 
charges. If the defendant does not apply for dismissal of the charges 105 
against such defendant after satisfactorily completing the assigned 106 
program the court, upon receipt of the record of the defendant's 107 
participation in such program submitted by the Court Support Services 108 
Division, may on its own motion make a finding of such satisfactory 109 
completion and dismiss the charges. Upon motion of the defendant and 110 
a showing of good cause, the court may extend the one-year placement 111 
period for a reasonable period for the defendant to complete the 112 
assigned program. A record of participation in such program shall be 113 
retained by the Court Support Services Division for a period of ten years 114 
from the date the court grants the application for participation in such 115 
program. The Court Support Services Division shall transmit to the 116 
Department of Motor Vehicles a record of participation in such program 117 
for each person who satisfactorily completes such program. The 118  Raised Bill No.  960 
 
 
 
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Department of Motor Vehicles shall maintain for a period of ten years 119 
the record of a person's participation in such program as part of such 120 
person's driving record. The Court Support Services Division shall 121 
transmit to the Department of Energy and Environmental Protection the 122 
record of participation of any person who satisfactorily completes such 123 
program who has been charged with a violation of the provisions of 124 
subsection (d) of section 15-133 or section 15-140n. The Department of 125 
Energy and Environmental Protection shall maintain for a period of ten 126 
years the record of a person's participation in such program as a part of 127 
such person's boater certification record. 128 
(c) At the time the court grants the application for participation in the 129 
pretrial alcohol education program, such person shall also pay to the 130 
court a nonrefundable program fee of three hundred fifty dollars if such 131 
person is ordered to participate in the ten-session intervention program 132 
and a nonrefundable program fee of five hundred dollars if such person 133 
is ordered to participate in the fifteen-session intervention program. If 134 
the court grants the application for participation in the pretrial alcohol 135 
education program and such person is ordered to participate in a 136 
substance abuse treatment program, such person shall be responsible 137 
for the costs associated with participation in such program. No person 138 
may be excluded from either program for inability to pay such fee or 139 
cost, provided (1) such person files with the court an affidavit of 140 
indigency or inability to pay, (2) such indigency or inability to pay is 141 
confirmed by the Court Support Services Division, and (3) the court 142 
enters a finding thereof. If the court finds that a person is indigent or 143 
unable to pay for a treatment program, the costs of such program shall 144 
be paid from the pretrial account established under section 54-56k. If the 145 
court finds that a person is indigent or unable to pay for an intervention 146 
program, the court may waive all or any portion of the fee for such 147 
intervention program. If the court denies the application, such person 148 
shall not be required to pay the program fee. If the court grants the 149 
application and such person is later determined to be ineligible for 150 
participation in such pretrial alcohol education program or fails to 151 
complete the assigned program, the program fee shall not be refunded. 152  Raised Bill No.  960 
 
 
 
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All program fees shall be credited to the pretrial account established 153 
under section 54-56k. 154 
(d) If a person returns to court with certification from a program 155 
provider that such person did not successfully complete the assigned 156 
program or is no longer amenable to treatment, the provider, to the 157 
extent practicable, shall include a recommendation to the court as to 158 
whether a ten-session intervention program, a fifteen-session 159 
intervention program or placement in a state-licensed substance abuse 160 
treatment program would best serve such person's needs. The provider 161 
shall also indicate whether the current program referral was an initial 162 
referral or a reinstatement to the program. 163 
(e) When a person subsequently requests reinstatement into an 164 
alcohol intervention program or a substance abuse treatment program 165 
and the Court Support Services Division verifies that such person is 166 
eligible for reinstatement into such program and thereafter the court 167 
favorably acts on such request, such person shall pay a nonrefundable 168 
program fee of one hundred seventy-five dollars if ordered to complete 169 
a ten-session intervention program or two hundred fifty dollars if 170 
ordered to complete a fifteen-session intervention program, as the case 171 
may be. Unless good cause is shown, such fees shall not be waived. If 172 
the court grants a person's request to be reinstated into a treatment 173 
program, such person shall be responsible for the costs, if any, 174 
associated with being reinstated into the treatment program. All 175 
program fees collected in connection with a reinstatement to an 176 
intervention program shall be credited to the pretrial account 177 
established under section 54-56k. No person shall be permitted more 178 
than two program reinstatements pursuant to this subsection. 179 
(f) The Department of Mental Health and Addiction Services shall 180 
contract with service providers, develop standards and oversee 181 
appropriate alcohol programs to meet the requirements of this section. 182 
Said department shall adopt regulations, in accordance with chapter 54, 183 
to establish standards for such alcohol programs. Any person ordered 184 
to participate in a treatment program shall do so at a state-licensed 185  Raised Bill No.  960 
 
 
 
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treatment program which meets the standards established by said 186 
department. Any defendant whose employment or residence makes it 187 
unreasonable to attend an alcohol intervention program or a substance 188 
abuse treatment program in this state may attend a program in another 189 
state which has standards substantially similar to, or higher than, those 190 
of this state, subject to the approval of the court and payment of the 191 
application, evaluation and program fees and treatment costs, as 192 
appropriate, as provided in this section. 193 
(g) The court may, as a condition of granting such application, require 194 
that such person participate in a victim impact panel program approved 195 
by the Court Support Services Division of the Judicial Department. Such 196 
victim impact panel program shall provide a nonconfrontational forum 197 
for the victims of alcohol-related or drug-related offenses and offenders 198 
to share experiences on the impact of alcohol-related or drug-related 199 
incidents in their lives. Such victim impact panel program shall be 200 
conducted by a nonprofit organization that advocates on behalf of 201 
victims of accidents caused by persons who operated a motor vehicle 202 
while under the influence of intoxicating liquor or any drug, or both. 203 
Such organization may assess a participation fee of not more than 204 
seventy-five dollars on any person required by the court to participate 205 
in such program, provided such organization shall offer a hardship 206 
waiver when it has determined that the imposition of a fee would pose 207 
an economic hardship for such person. 208 
(h) The provisions of this section shall not be applicable in the case of 209 
any person charged with a violation of section 14-227a or 14-227m or 210 
subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 211 
operating a commercial motor vehicle, as defined in section 14-1, or (2) 212 
who holds a commercial driver's license or commercial driver's 213 
instruction permit at the time of the violation.] 214 
(a) (1) There is established a pretrial alcohol intervention program for 215 
persons charged with a violation of section 14-227a, 14-227g, 14-227m, 216 
14-227n, subsection (d) of section 15-133 or section 15-140n. The 217 
program shall consist of a twelve-session alcohol education component 218  Raised Bill No.  960 
 
 
 
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or a substance use treatment component of not less than fifteen sessions 219 
and may also include a victim impact component, as ordered by the 220 
court pursuant to subsection (d) of this section. 221 
(2) The provisions of this section shall not apply to any person: 222 
(A) Who has been placed in the pretrial alcohol intervention program 223 
under this section or the pretrial alcohol education program established 224 
under the provisions of this section in effect prior to January 1, 2021, 225 
within ten years immediately preceding the date of the application; 226 
(B) Who has been allowed to participate in an alcohol or drug 227 
education, treatment or similar program in any other state that has 228 
resulted or may result in the reduction or dismissal of charges for an 229 
offense, the essential elements of which are substantially the same as 230 
section 14-227a, 14-227g, 14-227m, 14-227n, subsection (d) of section 15-231 
133 or section 15-140n, within ten years immediately preceding the date 232 
of the application; 233 
(C) Who has been convicted of a violation of section 14-227a, 14-227g, 234 
14-227m, 14-227n, 15-132a, subsection (d) of section 15-133, section 15-235 
140l, 15-140n, 53a-56b or 53a-60d; 236 
(D) Who has been convicted in any other state at any time of an 237 
offense the essential elements of which are substantially the same as 238 
section 14-227a, 14-227g, 14-227m, 14-227n, 15-132a, subsection (d) of 239 
section 15-133, section 15-140l, 15-140n, 53a-56b or 53a-60d; 240 
(E) Who is charged with a violation of section 14-227a, 14-227g, 14-241 
227m or 14-227n, (i) and holds a commercial driver's license or 242 
commercial driver's instruction permit at the time of the violation, or (ii) 243 
while operating a commercial motor vehicle, as defined in section 14-1; 244 
or 245 
(F) Whose alleged violation caused the serious physical injury, as 246 
defined in section 53a-3, of another person, unless good cause is shown. 247 
(b) Upon application for participation in the program: 248  Raised Bill No.  960 
 
 
 
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(1) The court shall, but only as to the public, order the court file 249 
sealed; 250 
(2) The applicant shall pay to the court a nonrefundable application 251 
fee of one hundred dollars, which shall be credited to the Criminal 252 
Injuries Compensation Fund established under section 54-215, and a 253 
nonrefundable evaluation fee of one hundred fifty dollars, which shall 254 
be credited to the pretrial account established under section 54-56k; 255 
(3) The applicant shall agree that, if the court grants the application 256 
and places the applicant in the program pursuant to subsection (d) of 257 
this section: 258 
(A) The statute of limitations for any alleged violations for which the 259 
court grants the application for the program shall be tolled; 260 
(B) The applicant waives the right to a speedy trial; 261 
(C) The applicant will begin participation in the components of the 262 
program ordered by the court not later than ninety days after the date 263 
that the court places the applicant in the program, unless the applicant 264 
requests, and the court allows a later start date; 265 
(D) The applicant will successfully complete any components of the 266 
program ordered by the court; 267 
(E) The applicant will not engage in any conduct that is inconsistent 268 
with the purposes of this program, including, but not limited to, 269 
engaging in any conduct that would be a violation of section 14-227a, 270 
14-227g, 14-227m, 14-227n, subsection (d) of section 15-133 or section 15-271 
140n; and 272 
(F) Upon completion of participation in the alcohol education or 273 
substance use treatment component of the program ordered by the 274 
court, the applicant may be required to participate in additional 275 
substance use treatment pursuant to subparagraph (A) of subdivision 276 
(2) of subsection (h) of this section to satisfactorily complete the program 277 
if a program component provider recommends such additional 278  Raised Bill No.  960 
 
 
 
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treatment and the Court Support Services Division deems it appropriate 279 
or the court orders the additional treatment; and 280 
(4) The court shall refer the applicant to (A) the Court Support 281 
Services Division for confirmation of eligibility to participate in the 282 
program, and (B) the Department of Mental Health and Addiction 283 
Services for evaluation and determination of the appropriate alcohol 284 
education or substance use treatment component. 285 
(c) Immediately following application, the applicant shall send 286 
notice, by registered or certified mail on a form prescribed by the Office 287 
of the Chief Court Administrator, to any victim who sustained a serious 288 
physical injury, as defined in section 53a-3, as a result of the applicant's 289 
alleged violation. The notice shall inform the victim that the applicant 290 
has applied to participate in the pretrial alcohol intervention program 291 
and that the victim has an opportunity to be heard by the court on the 292 
application. The court shall provide each such victim an opportunity to 293 
be heard prior to granting an application under this section. 294 
(d) (1) Upon confirmation of eligibility and that the applicant sent the 295 
notice required under subsection (c) of this section, receipt of the 296 
evaluation and determination required under subparagraph (B) of 297 
subdivision (4) of subsection (b) of this section, and after consideration 298 
of any victim statement and the recommendation of the state's attorney, 299 
assistant state's attorney or deputy assistant state's attorney in charge of 300 
the case, the court may, in its discretion, grant the application for, and 301 
place the applicant in, the pretrial alcohol intervention program for a 302 
period of one year. 303 
(2) If the court grants the application and places the applicant in the 304 
program, the court (A) shall order the applicant to participate in the 305 
alcohol education or substance use treatment component of the 306 
program, as recommended by the evaluation conducted pursuant to 307 
subparagraph (B) of subdivision (4) of subsection (b) of this section and 308 
determined to be appropriate by the court, and (B) may also order the 309 
applicant to participate in a victim impact component for which the 310  Raised Bill No.  960 
 
 
 
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applicant must attend a victim impact panel approved by the Court 311 
Support Services Division pursuant to subdivision (1) of subsection (f) 312 
of this section. 313 
(3) If the court grants the application, the suspension of the motor 314 
vehicle operator's license, pursuant to section 14-227b, of any person 315 
placed in the program shall be effective during the period such person 316 
is participating in the program, unless such person delayed 317 
participation in the program until after the license suspension is 318 
complete in accordance with subparagraph (C) of subdivision (3) of 319 
subsection (b) of this section. 320 
(4) If the Court Support Services Division informs the court that the 321 
applicant is not eligible for the program and the court makes a 322 
determination of ineligibility, the court shall deny the application, order 323 
the court file to be unsealed, enter a plea of not guilty for such person 324 
and immediately place the case on the trial list. If the court denies the 325 
application, the applicant shall not be required to pay any program or 326 
participation fee specified in this section. 327 
(e) (1) At the time that any person is placed in the program and 328 
ordered to participate in the alcohol education or substance use 329 
treatment component, such person shall, if ordered to participate in the 330 
(A) alcohol education component, pay to the court a nonrefundable 331 
program fee of five hundred dollars, or (B) substance use treatment 332 
component, pay to the court a nonrefundable program fee of one 333 
hundred dollars and shall also pay to the treatment provider any costs 334 
associated with such treatment. All program fees shall be credited to the 335 
pretrial account established under section 54-56k. 336 
(2) Any person placed in the program and ordered to participate in 337 
the victim impact component shall, at the time such person attends the 338 
victim impact panel, pay the organization conducting the victim impact 339 
panel pursuant to subdivision (1) of subsection (f) of this section the 340 
participation fee required by such organization. 341 
(3) (A) No person may be excluded from any component of the 342  Raised Bill No.  960 
 
 
 
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program because such person is indigent and unable to pay the 343 
associated fee or cost, provided (i) such person files with the court an 344 
affidavit of indigency, and (ii) the court enters a finding of such 345 
indigency. 346 
(B) If the court finds that a person is indigent and unable to pay for 347 
the program application or evaluation component of the program, the 348 
court may waive all or any portion of these fees. 349 
(C) If the court finds that a person is indigent and unable to pay for 350 
the alcohol education component of the program, the court may waive 351 
all or any portion of the program fee for that component. 352 
(D) If the court finds that a person is indigent and unable to pay for 353 
the substance use treatment component of the program, the court may 354 
waive all or any portion of the program fee for that component and the 355 
costs of such treatment. Any costs waived under this subparagraph shall 356 
be paid from the pretrial account established under section 54-56k. 357 
(f) (1) The Court Support Services Division shall approve a nonprofit 358 
organization that advocates on behalf of victims of accidents caused by 359 
persons who operated a motor vehicle while under the influence of 360 
intoxicating liquor or drugs, or both, to provide victim impact panels for 361 
the victim impact component of the program. Victim impact panels shall 362 
provide a nonconfrontational forum for the victims of alcohol or drug-363 
related offenses and offenders to share experiences on the impact of 364 
alcohol or drug-related incidents in their lives. Such organization may 365 
assess a participation fee of not more than seventy-five dollars per panel 366 
on any person ordered to participate in the victim impact component of 367 
the program, provided such organization offers a hardship waiver of 368 
the participation fee when it determines that the imposition of the fee 369 
would pose an economic hardship for such person. 370 
(2) The Court Support Services Division shall refer any person (A) 371 
placed in the program to the Department of Mental Health and 372 
Addiction Services or to a state-licensed substance use treatment 373 
provider with facilities that are in compliance with all state standards 374  Raised Bill No.  960 
 
 
 
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governing the operation of such facilities, as appropriate, for the 375 
purpose of receiving the alcohol education or substance use treatment 376 
component services ordered by the court, and (B) ordered to participate 377 
in the victim impact component to an organization approved to conduct 378 
victim impact panels in accordance with subdivision (1) of this 379 
subsection. 380 
(3) The Court Support Services Division may allow any person placed 381 
in the program whose employment, residence or schooling makes it 382 
unreasonable to participate in any component of the program ordered 383 
by the court in this state to satisfy the applicable program components 384 
in another state if (A) the out-of-state component provider has standards 385 
substantially similar to, or higher than, those of this state, (B) for any 386 
substance use treatment component, the out-of-state substance use 387 
treatment provider is licensed by the state in which treatment will be 388 
provided, (C) the person allowed to satisfy the components of the 389 
program in another state pays the applicable program fee and costs 390 
provided in this section, and (D) the court approves the out-of-state 391 
referral. 392 
(g) The Department of Mental Health and Addiction Services shall 393 
administer the alcohol education component of the program and shall 394 
adopt regulations, in accordance with chapter 54, to establish standards 395 
for such alcohol education component. The department may combine 396 
the services for the alcohol education component under the provisions 397 
of this section with the services for the drug education component under 398 
the provisions of section 54-56i, as amended by this act, if necessary to 399 
ensure the appropriate and timely access to the court ordered education 400 
components. The department may contract with service providers to 401 
provide the appropriate drug and alcohol education components in 402 
accordance with the provisions of this section. 403 
(h) (1) All program component providers shall provide the Court 404 
Support Services Division with a certification regarding the 405 
participation of each person referred to such provider pursuant to this 406 
section in the manner required by the Court Support Services Division. 407  Raised Bill No.  960 
 
 
 
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(A) If such person has successfully completed the applicable program 408 
component, the certification shall indicate such successful completion 409 
and state whether additional substance use treatment is recommended. 410 
(B) If such person has failed to successfully complete the applicable 411 
program component, the certification shall indicate the reasons for such 412 
failure, whether the person is no longer amenable to education or 413 
treatment and whether the current referral was an initial referral or a 414 
reinstatement into the program component. The certification of failure 415 
shall also, to the extent practicable, include a recommendation as to 416 
whether an alternative alcohol education or substance use treatment 417 
component would best serve such person's needs. 418 
(2) Upon receipt of a participation certification from any program 419 
component provider pursuant to this subsection, the Court Support 420 
Services Division (A) may, if the certification indicates that a person who 421 
was placed in the program successfully completed the alcohol education 422 
or substance use treatment component ordered by the court, but the 423 
program component provider recommends additional substance use 424 
treatment for such person and the Court Support Services Division 425 
deems such additional treatment appropriate, require such person to 426 
participate in the recommended additional substance use treatment in 427 
order to satisfactorily complete the pretrial alcohol intervention 428 
program, and (B) shall provide the court with a final progress report 429 
indicating whether such person has successfully completed any 430 
components of the program ordered by the court and whether the Court 431 
Support Services Division required such person to participate in any 432 
additional substance use treatment after successful completion of the 433 
program component initially ordered by the court. The final progress 434 
report shall include any other information obtained during the 435 
supervision of such person relevant to such person's participation in the 436 
program. 437 
(i) (1) If any person placed in the program successfully completes all 438 
components of the program ordered by the court and any additional 439 
substance use treatment required by the Court Support Services 440 
Division and has paid all fees or costs required under the provisions of 441  Raised Bill No.  960 
 
 
 
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this section, at the conclusion of such person's period of participation in 442 
the program, such person may apply for dismissal of the charges against 443 
such person. Upon application, the court shall review the final progress 444 
report submitted by the Court Support Services Division regarding such 445 
person and any other relevant information, including whether such 446 
person has paid all fees or costs required under the provisions of this 447 
section. If the court finds that such person has satisfactorily completed 448 
the pretrial alcohol intervention program, the court shall dismiss the 449 
charges, unless such person has not paid all fees or costs required under 450 
the provisions of this section, in which case, the court shall either 451 
continue the case until such fees or costs are paid or waive any 452 
outstanding fees or costs prior to dismissing the charges. 453 
(2) If any person who has successfully completed all components of 454 
the program ordered by the court and any additional substance use 455 
treatment required by the Court Support Services Division does not 456 
apply for dismissal of the charges against such person at the conclusion 457 
of such person's period of participation in the program, the court, upon 458 
review of the final progress report regarding such person submitted by 459 
the Court Support Services Division and any other relevant information, 460 
including whether such person has paid all fees or costs required under 461 
the provisions of this section, may, on its own motion, make a finding 462 
of satisfactory completion of the pretrial alcohol intervention program 463 
and dismiss the charges. If the court determines that such person has 464 
not paid all fees or costs required under the provisions of this section, 465 
such court shall either not dismiss the charges on its own motion until 466 
such fees or costs are paid or waive any outstanding fees or costs prior 467 
to dismissing the charges. 468 
(3) Upon the motion of any person placed in the program and a 469 
showing of good cause, the court may extend the program placement 470 
period for a reasonable period of time to allow such person to complete 471 
the applicable program components. 472 
(j) If the final progress report submitted by the Court Support 473 
Services Division indicates that any person placed in the program has 474  Raised Bill No.  960 
 
 
 
LCO No. 3956   	16 of 36 
 
failed to successfully complete any component of the program ordered 475 
by the court or is no longer amenable to treatment or, upon review of 476 
any other relevant information, the court finds that any person placed 477 
in the program is otherwise ineligible to continue participating in the 478 
program, the court shall terminate such person's participation in the 479 
program. No program fees shall be refunded to any person whose 480 
participation in the program is terminated. Unless such person requests, 481 
and the court grants, reinstatement into the program pursuant to 482 
subsection (k) of this section, the court shall order the court file to be 483 
unsealed, enter a plea of not guilty for such person and immediately 484 
place the case on the trial list. 485 
(k) (1) Any person who fails to successfully complete any component 486 
of the program ordered by the court or whom the court finds to be 487 
otherwise ineligible to continue participating in the program may ask 488 
the court to reinstate such person into the program up to two times. 489 
(2) If a person requests reinstatement into the program, the Court 490 
Support Services Division shall verify that such person is eligible for 491 
such reinstatement. 492 
(3) If a person requesting reinstatement into the program is eligible 493 
for reinstatement, the court shall review any final progress report 494 
submitted by the Court Support Services Division regarding such 495 
person's failure to complete any program components initially ordered 496 
and any other relevant information, and may, in its discretion, grant 497 
such person reinstatement into the program. When granting such 498 
reinstatement, the court shall order the defendant to participate in the 499 
appropriate alcohol education, substance use treatment or victim impact 500 
component of the program in accordance with subdivision (2) of 501 
subsection (d) of this section. 502 
(4) (A) Any person reinstated into the program shall pay (i) a 503 
nonrefundable program fee of two hundred fifty dollars if ordered to 504 
participate in the alcohol education component of the program, or (ii) 505 
the costs of any substance use treatment if ordered to participate in the 506  Raised Bill No.  960 
 
 
 
LCO No. 3956   	17 of 36 
 
substance use treatment component of the program. 507 
(B) Unless good cause is shown, the court shall not waive the 508 
program fee or the costs of substance use treatment associated with 509 
reinstatement into the program. 510 
(C) All program fees collected in connection with a reinstatement to 511 
the program shall be credited to the pretrial account established under 512 
section 54-56k. 513 
(l) (1) If any person applies for both the pretrial alcohol intervention 514 
program under the provisions of this section and the pretrial drug 515 
intervention and community service program pursuant to section 54-516 
56i, as amended by this act, for charges arising from the same arrest, and 517 
the Department of Mental Health and Addiction Services has already 518 
completed the required evaluation and determi nation of the 519 
appropriate drug education or substance use treatment component 520 
under the provisions of section 54-56i, as amended by this act, the court 521 
may rely on such evaluation and determination for the purposes of 522 
ordering participation in the alcohol education or substance use 523 
treatment component of the program under the provisions of this 524 
section. If the court relies on such evaluation and determination, such 525 
person shall not be required to pay the evaluation fee under the 526 
provisions of subdivision (2) of subsection (b) of this section, provided 527 
such person has paid, or the court has waived, the evaluation fee 528 
pursuant to section 54-56i, as amended by this act. 529 
(2) If any person is placed in both the pretrial alcohol intervention 530 
program under the provisions of this section and the pretrial drug 531 
intervention and community service program pursuant to section 54-532 
56i, as amended by this act, for charges arising from the same arrest, the 533 
court may find that: 534 
(A) Such person's successful completion of the alcohol education 535 
component of the pretrial alcohol intervention program pursuant to this 536 
section satisfies such person's required participation in the drug 537 
education component of the pretrial drug intervention and community 538  Raised Bill No.  960 
 
 
 
LCO No. 3956   	18 of 36 
 
service program under the provisions of this section; or 539 
(B) Such person's successful completion of the substance use 540 
treatment component of the drug intervention and community service 541 
program pursuant to section 54-56i, as amended by this act, satisfies 542 
such person's required participation in the substance use treatment 543 
component of the pretrial alcohol intervention program under the 544 
provisions of this section. 545 
(3) Nothing in this subsection shall relieve any person placed in the 546 
pretrial alcohol intervention program pursuant to this section and 547 
placed in the pretrial drug intervention and community service 548 
program pursuant to section 54-56i, as amended by this act, of charges 549 
arising from the same arrest from the requirement to participate in (A) 550 
the victim impact component of the pretrial alcohol intervention 551 
program, if ordered by the court under the provisions of this section, in 552 
order to satisfactorily complete the pretrial alcohol intervention 553 
program, and (B) the community service component of the pretrial drug 554 
intervention and community service program pursuant to section 54-555 
56i, as amended by this act, in order to satisfactorily complete the 556 
pretrial drug intervention and community service program. 557 
(4) Nothing in this subsection shall affect any person's eligibility for 558 
participation in the pretrial alcohol intervention program under the 559 
provisions of this section if such person is placed in the pretrial drug 560 
intervention and community service program pursuant to the 561 
provisions of section 54-56i, as amended by this act, independent of a 562 
concurrent application for and placement in the pretrial alcohol 563 
intervention program for charges arising from the same arrest. 564 
(m) (1) The Court Support Services Division shall retain a record of 565 
participation in the pretrial alcohol intervention program for a period of 566 
ten years from the date the court grants the application for, and places 567 
the applicant in, the program pursuant to the provisions of this section. 568 
(2) For any person charged with a violation of section 14-227a, 14-569 
227g, 14-227m or 14-227n whose charges were dismissed pursuant to the 570  Raised Bill No.  960 
 
 
 
LCO No. 3956   	19 of 36 
 
provisions of this section, the Court Support Services Division shall 571 
transmit to the Department of Motor Vehicles the record of such 572 
person's participation in the program. The Department of Motor 573 
Vehicles shall maintain the record of any person's participation in such 574 
program as part of such person's driving record for a period of ten years. 575 
(3) For any person charged with a violation of subsection (d) of 576 
section 15-133 or section 15-140n whose charges were dismissed 577 
pursuant to the provisions of this section, the Court Support Services 578 
Division shall transmit to the Department of Energy and Environmental 579 
Protection the record of such person's participation in the program. The 580 
Department of Energy and Environmental Protection shall maintain the 581 
record of any person's participation in such program as a part of such 582 
person's boater certification record for a period of ten years.  583 
Sec. 2. Section 54-56i of the general statutes is repealed and the 584 
following is substituted in lieu thereof (Effective October 1, 2021): 585 
 [(a) There is established a pretrial drug education and community 586 
service program for persons charged with a violation of section 21a-267, 587 
21a-279 or 21a-279a. The pretrial drug education and community service 588 
program shall include a fifteen-session drug education program and a 589 
substance abuse treatment program of not less than fifteen sessions, and 590 
the performance of community service. 591 
(b) Upon application by any such person for participation in such 592 
program, the court shall, but only as to the public, order the court file 593 
sealed, and such person shall pay to the court of an application fee of 594 
one hundred dollars and a nonrefundable evaluation fee of one hundred 595 
fifty dollars. A person shall be ineligible for participation in such pretrial 596 
drug education and community service program if such person has 597 
twice previously participated in (1) the pretrial drug education program 598 
established under the provisions of this section in effect prior to October 599 
1, 2013, (2) the community service labor program established under 600 
section 53a-39c, (3) the pretrial drug education and community service 601 
program established under this section, or (4) any of such programs, 602  Raised Bill No.  960 
 
 
 
LCO No. 3956   	20 of 36 
 
except that the court may allow a person who has twice previously 603 
participated in such programs to participate in the pretrial drug 604 
education and community service program one additional time, for 605 
good cause shown. The evaluation and application fee imposed under 606 
this subsection shall be credited to the pretrial account established 607 
under section 54-56k. 608 
(c) The court, after consideration of the recommendation of the state's 609 
attorney, assistant state's attorney or deputy assistant state's attorney in 610 
charge of the case, may, in its discretion, grant such application. If the 611 
court grants such application, the court shall refer such person (1) to the 612 
Court Support Services Division for confirmation of the eligibility of the 613 
applicant, (2) to the Department of Mental Health and Addiction 614 
Services for evaluation and determination of an appropriate drug 615 
education or substance abuse treatment program for the first or second 616 
time such application is granted, and (3) to a state-licensed substance 617 
abuse treatment program for evaluation and determination of an 618 
appropriate substance abuse treatment program for the third time such 619 
application is granted, except that, if such person is a veteran, the court 620 
may refer such person to the Department of Veterans Affairs or the 621 
United States Department of Veterans Affairs, as applicable, for any 622 
such evaluation and determination. For the purposes of this subsection 623 
and subsection (d) of this section, "veteran" means any person who was 624 
discharged or released under conditions other than dishonorable from 625 
active service in the armed forces as defined in section 27-103. 626 
(d) (1) (A) Upon confirmation of eligibility and receipt of the 627 
evaluation and determination required under subsection (c) of this 628 
section, such person shall be placed in the pretrial drug education and 629 
community service program and referred by the Court Support Services 630 
Division for the purpose of receiving appropriate drug education 631 
services or substance abuse treatment program services, as 632 
recommended by the evaluation conducted pursuant to subsection (c) 633 
of this section and ordered by the court, to the Department of Mental 634 
Health and Addiction Services or to a state-licensed substance abuse 635 
treatment program for placement in the appropriate drug education or 636  Raised Bill No.  960 
 
 
 
LCO No. 3956   	21 of 36 
 
substance abuse treatment program, except that, if such person is a 637 
veteran, the division may refer such person to the Department of 638 
Veterans Affairs or the United States Department of Veterans Affairs, 639 
subject to the provisions of subdivision (2) of this subsection. 640 
(B) Persons who have been granted entry into the pretrial drug 641 
education and community service program for the first time shall 642 
participate in either a fifteen-session drug education program or a 643 
substance abuse treatment program of not less than fifteen sessions, as 644 
ordered by the court on the basis of the evaluation and determination 645 
required under subsection (c) of this section. Persons who have been 646 
granted entry into the pretrial drug education and community service 647 
program for the second time shall participate in either a fifteen-session 648 
drug education program or a substance abuse treatment program of not 649 
less than fifteen sessions, as ordered by the court based on the 650 
evaluation and determination required under subsection (c) of this 651 
section. Persons who have been granted entry into the pretrial drug 652 
education and community service program for a third time shall be 653 
referred to a state-licensed substance abuse program for evaluation and 654 
participation in a course of treatment as ordered by the court based on 655 
the evaluation and determination required under subsection (c) of this 656 
section. 657 
(C) Persons who have been granted entry into the pretrial drug 658 
education and community service program shall also participate in a 659 
community service program administered by the Court Support 660 
Services Division pursuant to section 53a-39c. Persons who have been 661 
granted entry into the pretrial drug education and community service 662 
program for the first time shall participate in the community service 663 
program for a period of five days. Persons who have been granted entry 664 
into the pretrial drug education and community service program for the 665 
second time shall participate in the community service program for a 666 
period of fifteen days. Persons who have been granted entry into the 667 
pretrial drug education and community service program for a third or 668 
additional time shall participate in the community service program for 669 
a period of thirty days. 670  Raised Bill No.  960 
 
 
 
LCO No. 3956   	22 of 36 
 
(D) Placement in the pretrial drug education and community service 671 
program pursuant to this section shall not exceed one year. Persons 672 
receiving substance abuse treatment program services in accordance 673 
with the provisions of this section shall only receive such services at 674 
state-licensed substance abuse treatment program facilities that are in 675 
compliance with all state standards governing the operation of such 676 
facilities, except that, if such person is a veteran, such person may 677 
receive services from facilities under the supervision of the Department 678 
of Veterans Affairs or the United States Department of Veterans Affairs, 679 
subject to the provisions of subdivision (2) of this subsection. 680 
(E) Any person who enters the pretrial drug education and 681 
community service program shall agree: (i) To the tolling of the statute 682 
of limitations with respect to such crime; (ii) to a waiver of such person's 683 
right to a speedy trial; (iii) to complete participation in the pretrial drug 684 
education and community service program, as ordered by the court; (iv) 685 
to commence participation in the pretrial drug education and 686 
community service program not later than ninety days after the date of 687 
entry of the court order unless granted a delayed entry into the program 688 
by the court; and (v) upon completion of participation in the pretrial 689 
drug education and community service program, to accept (I) placement 690 
in a treatment program upon the recommendation of a provider under 691 
contract with the Department of Mental Health and Addiction Services 692 
or a provider under the supervision of the Department of Veterans 693 
Affairs or the United States Department of Veterans Affairs, or (II) 694 
placement in a treatment program that has standards substantially 695 
similar to, or higher than, a program of a provider under contract with 696 
the Department of Mental Health and Addiction Services, if the Court 697 
Support Services Division deems it appropriate. 698 
(2) The Court Support Services Division may only refer a veteran to 699 
the Department of Veterans Affairs or the United States Department of 700 
Veterans Affairs for the receipt of services under the program if (A) the 701 
division determines that such services will be provided in a timely 702 
manner under standards substantially similar to, or higher than, 703 
standards for services provided by the Department of Mental Health 704  Raised Bill No.  960 
 
 
 
LCO No. 3956   	23 of 36 
 
and Addiction Services under the program, and (B) the applicable 705 
department agrees to submit timely program participation and 706 
completion reports to the division in the manner required by the 707 
division. 708 
(e) If the Court Support Services Division informs the court that such 709 
person is ineligible for the program and the court makes a determination 710 
of ineligibility or if the program provider certifies to the court that such 711 
person did not successfully complete the assigned program and such 712 
person did not request, or the court denied, reinstatement in the 713 
program under subsection (i) of this section, the court shall order the 714 
court file to be unsealed, enter a plea of not guilty for such person and 715 
immediately place the case on the trial list. 716 
(f) If such person satisfactorily completes the assigned program, such 717 
person may apply for dismissal of the charges against such person and 718 
the court, on reviewing the record of such person's participation in such 719 
program submitted by the Court Support Services Division and on 720 
finding such satisfactory completion, shall dismiss the charges. If such 721 
person does not apply for dismissal of the charges against such person 722 
after satisfactorily completing the assigned program, the court, upon 723 
receipt of the record of such person's participation in such program 724 
submitted by the Court Support Services Division, may on its own 725 
motion make a finding of such satisfactory completion and dismiss the 726 
charges. Upon motion of such person and a showing of good cause, the 727 
court may extend the placement period for a reasonable period of time 728 
to allow such person to complete the assigned program. A record of 729 
participation in such program shall be retained by the Court Support 730 
Services Division for a period of ten years from the date the court grants 731 
the application for participation in the program. 732 
(g) At the time the court grants the application for participation in the 733 
pretrial drug education and community service program, any person 734 
ordered to participate in such drug education program shall pay to the 735 
court a nonrefundable program fee of six hundred dollars. If the court 736 
orders participation in a substance abuse treatment program, such 737  Raised Bill No.  960 
 
 
 
LCO No. 3956   	24 of 36 
 
person shall pay to the court a nonrefundable program fee of one 738 
hundred dollars and shall be responsible for the costs associated with 739 
such program. No person may be excluded from any such program for 740 
inability to pay such fee or cost, provided (1) such person files with the 741 
court an affidavit of indigency or inability to pay, (2) such indigency or 742 
inability to pay is confirmed by the Court Support Services Division, 743 
and (3) the court enters a finding thereof. The court may waive all or any 744 
portion of such fee depending on such person's ability to pay. If the 745 
court finds that a person is indigent or unable to pay for a substance 746 
abuse treatment program, the costs of such program shall be paid from 747 
the pretrial account established under section 54-56k. If the court denies 748 
the application, such person shall not be required to pay the program 749 
fee. If the court grants the application, and such person is later 750 
determined to be ineligible for participation in such pretrial drug 751 
education and community service program or fails to complete the 752 
assigned program, the program fee shall not be refunded. All program 753 
fees shall be credited to the pretrial account established under section 754 
54-56k. 755 
(h) If a person returns to court with certification from a program 756 
provider that such person did not successfully complete the assigned 757 
program or is no longer amenable to treatment, the provider, to the 758 
extent practicable, shall include a recommendation to the court as to 759 
whether placement in a drug education program or placement in a 760 
substance abuse treatment program would best serve such person's 761 
needs. The provider shall also indicate whether the current program 762 
referral was an initial referral or a reinstatement to the program. 763 
(i) When a person subsequently requests reinstatement into a drug 764 
education program or a substance abuse treatment program and the 765 
Court Support Services Division verifies that such person is eligible for 766 
reinstatement into such program and thereafter the court favorably acts 767 
on such request, any person reinstated into such drug education 768 
program shall pay a nonrefundable program fee of two hundred fifty 769 
dollars, and any person reinstated into a substance abuse treatment 770 
program shall be responsible for the costs, if any, associated with being 771  Raised Bill No.  960 
 
 
 
LCO No. 3956   	25 of 36 
 
reinstated into the treatment program. Unless good cause is shown, 772 
such program fee shall not be waived. All program fees collected in 773 
connection with a reinstatement to a drug education program shall be 774 
credited to the pretrial account established under section 54-56k. No 775 
person shall be permitted more than two program reinstatements 776 
pursuant to this subsection. 777 
(j) The Department of Mental Health and Addiction Services shall 778 
develop standards and oversee appropriate drug education programs 779 
that it administers to meet the requirements of this section and may 780 
contract with service providers to provide such programs. The 781 
department shall adopt regulations, in accordance with chapter 54, to 782 
establish standards for such drug education programs. 783 
(k) Any person whose employment or residence or schooling makes 784 
it unreasonable to attend a drug education program or substance abuse 785 
treatment program in this state may attend a program in another state 786 
that has standards similar to, or higher than, those of this state, subject 787 
to the approval of the court and payment of the program fee or costs as 788 
provided in this section.] 789 
(a) (1) There is established a pretrial drug intervention and 790 
community service program for persons charged with a violation of 791 
section 21a-267, 21a-279 or 21a-279a. The program shall consist of a 792 
twelve-session drug education component or a substance use treatment 793 
program of not less than fifteen sessions and the performance of 794 
community service, as ordered by the court pursuant to subsection (c) 795 
of this section. 796 
(2) The provisions of this section shall not apply to any person who 797 
has twice previously participated in: 798 
(A) The pretrial drug education program established under the 799 
provisions of this section in effect prior to January 1, 2021; 800 
(B) The community service labor program established under section 801 
53a-39c; 802  Raised Bill No.  960 
 
 
 
LCO No. 3956   	26 of 36 
 
(C) The pretrial drug intervention and community service program 803 
established under this section; or 804 
(D) Any of such programs, except that the court may allow a person 805 
who has twice previously participated in such programs to participate 806 
in the program established under the provisions of this section one 807 
additional time, for good cause shown. 808 
(b) Upon application for participation in the program: 809 
(1) The court shall, but only as to the public, order the court file 810 
sealed; 811 
(2) The applicant shall pay to the court a nonrefundable application 812 
fee of one hundred dollars and a nonrefundable evaluation fee of one 813 
hundred fifty dollars, both of which shall be credited to the pretrial 814 
account established under section 54-56k; 815 
(3) The applicant shall agree that, if the court grants the application 816 
and places the applicant in the program: 817 
(A) The statute of limitations for any alleged violations for which the 818 
court grants the application for the program shall be tolled; 819 
(B) The applicant waives the right to a speedy trial; 820 
(C) The applicant will begin participation in the components of the 821 
program ordered by the court not later than ninety days after the date 822 
that the court places the applicant in the program, unless the applicant 823 
requests, and the court allows, a later start date; 824 
(D) The applicant will successfully complete any program 825 
components of the program ordered by the court; 826 
(E) The applicant will not engage in any conduct that is inconsistent 827 
with the purposes of this program, including, but not limited to, 828 
engaging in any conduct that would be a violation of section 21a-267, 829 
21a-279 or 21a-279a; and 830  Raised Bill No.  960 
 
 
 
LCO No. 3956   	27 of 36 
 
(F) Upon completion of participation in the drug education or 831 
substance use treatment component of the program ordered by the 832 
court, the applicant may be required to participate in additional 833 
substance use treatment pursuant to subparagraph (A) of subdivision 834 
(2) of subsection (g) of this section to satisfactorily complete the program 835 
if a program component provider recommends such additional 836 
treatment, the Court Support Services Division deems it appropriate or 837 
the court orders the additional treatment. 838 
(4) (A) The court shall refer the applicant: 839 
(i) To the Court Support Services Division for confirmation of the 840 
eligibility to participate in the program; and 841 
(ii) (I) For the applicant's first or second time applying for the 842 
program established under the provisions of this section or the 843 
community service labor program established under section 53a-39c, to 844 
the Department of Mental Health and Addiction Services for evaluation 845 
and determination of the appropriate drug education or substance use 846 
treatment component of the program, or (II) for the applicant's third 847 
time participating in the program established under the provisions of 848 
this section or the community service labor program established under 849 
section 53a-39c, to a state-licensed substance use treatment provider for 850 
evaluation and determination of the appropriate substance use 851 
treatment component of the program. 852 
(B) If the applicant is a veteran, the court may, in the alternative, refer 853 
the applicant to the Department of Veterans Affairs or the United States 854 
Department of Veterans Affairs, as applicable, for any evaluation and 855 
determination required under this subsection. For the purposes of this 856 
subsection and subsection (e) of this section, "veteran" means any 857 
person who was discharged or released under conditions other than 858 
dishonorable from active service in the armed forces, as defined in 859 
section 27-103. 860 
(c) (1) Upon confirmation of eligibility, receipt of the evaluation and 861 
determination required under subparagraph (B) of subdivision (4) of 862  Raised Bill No.  960 
 
 
 
LCO No. 3956   	28 of 36 
 
subsection (b) of this section, and after consideration of the 863 
recommendation of the state's attorney, assistant state's attorney or 864 
deputy assistant state's attorney in charge of the case, the court may, in 865 
its discretion, grant the application for, and place the applicant in, the 866 
pretrial drug intervention and community service program for a period 867 
of one year. 868 
(2) If the court grants the application and places the applicant in the 869 
program: 870 
(A) For the first time, the court shall order the applicant to participate 871 
in (i) either the drug education or substance use treatment component 872 
of the program, as recommended by the evaluation conducted pursuant 873 
to subparagraph (B) of subdivision (4) of subsection (b) of this section 874 
and determined to be appropriate by the court; and (ii) the community 875 
service component for a period of five days; 876 
(B) For the second time, the court shall order the applicant to 877 
participate in (i) either the drug education or substance use treatment 878 
component of the program, as recommended by the evaluation 879 
conducted pursuant to subparagraph (B) of subdivision (4) of 880 
subsection (b) of this section and determined to be appropriate by the 881 
court; and (ii) the community service component for a period of fifteen 882 
days; or 883 
(C) For the third time, the court shall order the applicant to 884 
participate in (i) the substance use treatment component as 885 
recommended by the evaluation conducted pursuant to subparagraph 886 
(B) of subdivision (4) of subsection (b) of this section and determined to 887 
be appropriate by the court; and (ii) the community service component 888 
for a period of thirty days. 889 
(3) If the Court Support Services Division informs the court that the 890 
applicant is not eligible for the program and the court makes a 891 
determination of ineligibility, the court shall deny the application, order 892 
the court file to be unsealed, enter a plea of not guilty for such person 893 
and immediately place the case on the trial list. If the court denies the 894  Raised Bill No.  960 
 
 
 
LCO No. 3956   	29 of 36 
 
application, the applicant shall not be required to pay any program fee 895 
specified in this section. 896 
(d) (1) At the time that any person is placed in the program such 897 
person shall (A) if ordered to participate in the drug education 898 
component, pay to the court a nonrefundable program fee of five 899 
hundred dollars, or (B) if ordered to participate in the substance use 900 
treatment component, pay to the court a nonrefundable program fee of 901 
one hundred dollars and shall also pay to the treatment provider any 902 
costs associated with such treatment. All program fees shall be credited 903 
to the pretrial account established under section 54-56k. 904 
(2) (A) No person may be excluded from any component of the 905 
program because such person is indigent and unable to pay the 906 
associated fee or cost, provided (i) such person files with the court an 907 
affidavit of indigency, and (ii) the court enters a finding of such 908 
indigency. 909 
(B) If the court finds that a person is indigent and unable to pay for 910 
the program application or the evaluation component of the program, 911 
the court may waive all or any portion of these fees. 912 
(C) If the court finds that a person is indigent and unable to pay for 913 
the drug education component of the program, the court may waive all 914 
or any portion of the program fee for that component. 915 
(D) If the court finds that a person is indigent and unable to pay for 916 
the substance use treatment component of the program, the court may 917 
waive all or any portion of the program fee for that component and the 918 
costs of such treatment. Any costs waived under this subparagraph shall 919 
be paid from the pretrial account established under section 54-56k. 920 
(e) (1) The Court Support Services Division shall (A) refer any person 921 
placed in the program to the Department of Mental Health and 922 
Addiction Services or to a state-licensed substance use treatment 923 
provider with facilities that are in compliance with all state standards 924 
governing the operation of such facilities, as appropriate, for the 925  Raised Bill No.  960 
 
 
 
LCO No. 3956   	30 of 36 
 
purpose of receiving the drug education or substance use treatment 926 
component services ordered by the court, and (B) supervise such 927 
person's participation in the applicable community service component 928 
ordered by the court. 929 
(2) If any person placed in the program is a veteran, the Court 930 
Support Services Division may refer such person to the Department of 931 
Veterans Affairs or the United States Department of Veterans Affairs, 932 
instead of the Department of Mental Health and Addiction Services or 933 
a state-licensed substance use treatment provider, for the applicable 934 
drug education or substance use treatment component ordered by the 935 
court if (A) the division determines that services for such component 936 
will be provided in a timely manner under standards substantially 937 
similar to, or higher than, standards for services provided by the 938 
Department of Mental Health and Addiction Services or a state-licensed 939 
substance use treatment provider, and (B) the applicable department 940 
agrees to submit timely component participation and completion 941 
reports to the division in the manner required by the division. 942 
(3) The Court Support Services Division may allow any person placed 943 
in the program whose employment, residence or schooling makes it 944 
unreasonable to participate in any component of the program ordered 945 
by the court in this state to satisfy the applicable program components 946 
in another state if (A) the out-of-state component provider has standards 947 
substantially similar to, or higher than, those of this state, (B) for any 948 
substance use treatment component, the out-of-state substance use 949 
treatment provider is licensed by the state in which treatment will be 950 
provided, (C) the person allowed to satisfy the components of the 951 
program in another state pays the applicable program fee and costs 952 
provided in this section, and (D) the court approves the out-of-state 953 
referral. 954 
(f) The Department of Mental Health and Addiction Services shall 955 
administer the drug education component of the program and shall 956 
adopt regulations, in accordance with the provisions of chapter 54, to 957 
establish standards for such drug education component. The 958  Raised Bill No.  960 
 
 
 
LCO No. 3956   	31 of 36 
 
department may combine the services for the drug education 959 
component under the provisions of this section with the services for the 960 
alcohol education component under the provisions of section 54-56g, as 961 
amended by this act, if necessary to ensure the appropriate and timely 962 
access to the court ordered education components. The department may 963 
contract with service providers to provide the appropriate drug and 964 
alcohol education components in accordance with the provisions of this 965 
section. 966 
(g) (1) All program component providers shall provide the Court 967 
Support Services Division with a certification regarding the 968 
participation of each person referred to such provider pursuant to this 969 
section in the manner required by the Court Support Services Division. 970 
(A) If such person has successfully completed the applicable program 971 
component, the certification shall indicate such successful completion 972 
and state whether additional substance use treatment is recommended. 973 
(B) If such person has failed to successfully complete the applicable 974 
program component, the certification shall indicate the reasons for such 975 
failure, whether the person is no longer amenable to education or 976 
treatment and whether the current referral was an initial referral or a 977 
reinstatement into the program component. The certification of failure 978 
shall also, to the extent practicable, include a recommendation as to 979 
whether an alternative drug education or substance use treatment 980 
component would best serve such person's needs. 981 
(2) Upon receipt of a participation certification from any program 982 
component provider pursuant to this subsection, the Court Support 983 
Services Division (A) may, if the certification indicates that a person who 984 
was placed in the program successfully completed the drug education 985 
or substance use treatment component ordered by the court, but the 986 
program component provider recommends additional substance use 987 
treatment for such person and the Court Support Services Division 988 
deems such additional treatment appropriate, require such person to 989 
participate in the recommended additional substance use treatment in 990 
order to satisfactorily complete the pretrial drug intervention and 991 
community service program, and (B) shall provide the court with a final 992  Raised Bill No.  960 
 
 
 
LCO No. 3956   	32 of 36 
 
progress report indicating whether such person has successfully 993 
completed any components of the program ordered by the court and 994 
whether the Court Support Services Division required such person to 995 
participate in any additional substance use treatment after successful 996 
completion of the program component initially ordered by the court. 997 
The final progress report shall include any other information obtained 998 
during the supervision of such person relevant to such person's 999 
participation in the program. 1000 
(h) (1) If any person placed in the program successfully completes all 1001 
components of the program ordered by the court and any additional 1002 
substance use treatment required by the Court Support Services 1003 
Division and has paid all fees or costs required under the provisions of 1004 
this section, at the conclusion of such person's period of participation in 1005 
the program, such person may apply for dismissal of the charges against 1006 
such person. Upon application, the court shall review the final progress 1007 
report submitted by the Court Support Services Division regarding such 1008 
person and any other relevant information, including whether such 1009 
person has paid all fees or costs required under the provisions of this 1010 
section. If the court finds that such person has satisfactorily completed 1011 
the pretrial drug intervention and community service program, the 1012 
court shall dismiss the charges, unless such person has not paid all fees 1013 
or costs required under the provisions of this section, in which case, the 1014 
court shall either continue the case until such fees or costs are paid or 1015 
waive any outstanding fees or costs prior to dismissing the charges. 1016 
(2) If any person who has successfully completed all components of 1017 
the program ordered by the court and any additional substance use 1018 
treatment required by the Court Support Services Division does not 1019 
apply for dismissal of the charges against such person at the conclusion 1020 
of such person's period of participation in the program, the court, upon 1021 
review of the final progress report regarding such person submitted by 1022 
the Court Support Services Division and any other relevant information, 1023 
including whether such person has paid all fees or costs required under 1024 
the provisions of this section, may, on its own motion, make a finding 1025 
of satisfactory completion of the pretrial drug intervention and 1026  Raised Bill No.  960 
 
 
 
LCO No. 3956   	33 of 36 
 
community service program and dismiss the charges. If the court 1027 
determines that such person has not paid all fees or costs required under 1028 
the provisions of this section, such court shall either not dismiss the 1029 
charges on its own motion until such fees or costs are paid or waive any 1030 
outstanding fees or costs prior to dismissing the charges. 1031 
(3) Upon the motion of any person placed in the program and a 1032 
showing of good cause, the court may extend the program placement 1033 
period for a reasonable period of time to allow such person to complete 1034 
the applicable program components. 1035 
(i) If the final progress report submitted by the Court Support 1036 
Services Division indicates that any person placed in the program has 1037 
failed to successfully complete any component of the program ordered 1038 
by the court or is no longer amenable to treatment or, upon review of 1039 
any other relevant information, the court finds that any person placed 1040 
in the program is otherwise ineligible to continue participating in the 1041 
program, the court shall terminate such person's participation in the 1042 
program. No program fees shall be refunded to any person whose 1043 
participation in the program is terminated. Unless such person requests, 1044 
and the court grants, reinstatement into the program pursuant to 1045 
subsection (j) of this section, the court shall order the court file to be 1046 
unsealed, enter a plea of not guilty for such person and immediately 1047 
place the case on the trial list. 1048 
(j) (1) Any person who fails to successfully complete any component 1049 
of the program ordered by the court or whom the court finds to be 1050 
otherwise ineligible to continue participating in the program may ask 1051 
the court to reinstate such person into the program up to two times. 1052 
(2) If a person requests reinstatement into the program, the Court 1053 
Support Services Division shall verify that such person is eligible for 1054 
such reinstatement. 1055 
(3) If a person requesting reinstatement into the program is eligible 1056 
for reinstatement, the court shall review any final progress report 1057 
submitted by the Court Support Services Division regarding such 1058  Raised Bill No.  960 
 
 
 
LCO No. 3956   	34 of 36 
 
person's failure to complete any program components initially ordered 1059 
and any other relevant information, and may, in its discretion, grant 1060 
such person reinstatement into the program. When granting such 1061 
reinstatement, the court shall order the defendant to participate in the 1062 
appropriate drug education, substance use treatment or community 1063 
service component of the program in accordance with subdivision (2) of 1064 
subsection (c) of this section. 1065 
(4) (A) Any person reinstated into the program shall pay (i) a 1066 
nonrefundable program fee of two hundred fifty dollars if ordered to 1067 
participate in the drug education component of the program, or (ii) the 1068 
costs of any substance use treatment if ordered to participate in the 1069 
substance use treatment component of the program. 1070 
(B) Unless good cause is shown, the court shall not waive the 1071 
program fee or the costs of substance use treatment associated with 1072 
reinstatement into the program. 1073 
(C) All program fees collected in connection with a reinstatement to 1074 
the program shall be credited to the pretrial account established under 1075 
section 54-56k. 1076 
(k) (1) If any person applies for both the pretrial drug intervention 1077 
and community service program under the provisions of this section 1078 
and the pretrial alcohol education program pursuant to section 54-56g, 1079 
as amended by this act, for charges arising from the same arrest, and the 1080 
Department of Mental Health and Addiction Services has already 1081 
completed the required evaluation and determination of the 1082 
appropriate alcohol education or substance use treatment component 1083 
pursuant to section 54-56g, as amended by this act, the court may rely 1084 
on such evaluation and determination for the purposes of ordering 1085 
participation in the drug education or substance use treatment 1086 
component of the program under the provisions of this section. If the 1087 
court relies on such evaluation and determination, such person shall not 1088 
be required to pay the evaluation fee under the provisions of 1089 
subdivision (2) of subsection (b) of this section, provided such person 1090  Raised Bill No.  960 
 
 
 
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has paid, or the court has waived, the evaluation fee pursuant to section 1091 
54-56g, as amended by this act. 1092 
(2) If any person is placed in both the pretrial drug intervention and 1093 
community service program under the provisions of this section and the 1094 
pretrial alcohol intervention program pursuant to section 54-56g, as 1095 
amended by this act, for charges arising from the same arrest, the court 1096 
may find that (A) such person's successful completion of the alcohol 1097 
education component of the pretrial alcohol intervention program 1098 
pursuant to section 54-56g, as amended by this act, satisfies such 1099 
person's required participation in the drug education component of the 1100 
pretrial drug intervention and community service program under the 1101 
provisions of this section; and (B) such person's successful completion 1102 
of the substance use treatment component of the alcohol intervention 1103 
program pursuant to section 54-56g, as amended by this act, shall count 1104 
as such person's successful completion of the substance use treatment 1105 
component of the drug intervention and community service program 1106 
under the provisions of this section. 1107 
(3) Nothing in this subsection shall relieve any person placed in both 1108 
the pretrial drug intervention and community service program 1109 
pursuant to this section and the pretrial alcohol intervention program 1110 
pursuant to section 54-56g, as amended by this act, of charges arising 1111 
from the same arrest from the requirement to participate in (A) the 1112 
community service component of the pretrial drug intervention and 1113 
community service program under the provisions of this section, in 1114 
order to satisfactorily complete the pretrial drug intervention and 1115 
community service program, or (B) the victim impact component of the 1116 
pretrial alcohol intervention program, if ordered by the court pursuant 1117 
to section 54-56g, as amended by this act, in order to satisfactorily 1118 
complete the pretrial alcohol intervention program; and 1119 
(4) Nothing in this subsection shall affect any person's eligibility for 1120 
participation in the pretrial alcohol intervention program pursuant to 1121 
section 54-56g, as amended by this act, if such person is placed in the 1122 
pretrial drug intervention and community service program pursuant to 1123  Raised Bill No.  960 
 
 
 
LCO No. 3956   	36 of 36 
 
the provisions of this section independent of a concurrent application 1124 
for and placement in the pretrial alcohol intervention program for 1125 
charges arising from the same arrest. 1126 
(l) The Court Support Services Division shall retain a record of 1127 
participation in the pretrial drug intervention and community service 1128 
program for a period of ten years from the date the court grants the 1129 
application for, and places the applicant in, the program pursuant to the 1130 
provisions of this section.  1131 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 54-56g 
Sec. 2 October 1, 2021 54-56i 
 
Statement of Purpose:   
To make changes to the pretrial alcohol education program and pretrial 
drug intervention and community service program to address access 
issues, standardize education and treatment session numbers, raise fees 
and address program costs and eliminate stigmatizing language. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]