Connecticut 2021 Regular Session

Connecticut Senate Bill SB00960 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 3956 1 of 36
4	4
5	5	General Assembly Raised Bill No. 960
6	6	January Session, 2021
7	7	LCO No. 3956
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING PR ETRIAL ALCOHOL AND D RUG
20	20	EDUCATION PROGRAMS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 54-56g of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2021): 2
26	26	[(a) (1) There shall be a pretrial alcohol education program for 3
27	27	persons charged with a violation of section 14-227a, 14-227g or 14-227m, 4
28	28	subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-5
29	29	133 or 15-140n. Upon application by any such person for participation 6
30	30	in such program, the court shall, but only as to the public, order the 7
31	31	court file sealed, and such person shall pay to the court an application 8
32	32	fee of one hundred dollars and a nonrefundable evaluation fee of one 9
33	33	hundred dollars, and such person shall state under oath, in open court 10
34	34	or before any person designated by the clerk and duly authorized to 11
35	35	administer oaths, under penalties of perjury that: (A) If such person is 12
36	36	charged with a violation of section 14-227a, 14-227g or 14-227m, 13
37	37	subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) 14
38	38	of section 15-133 or section 15-140n, such person has not had such 15 Raised Bill No. 960
39	39
40	40
41	41
42	42	LCO No. 3956 2 of 36
43	43
44	44	program invoked in such person's behalf within the preceding ten years 16
45	45	for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or 17
46	46	(2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 18
47	47	or section 15-140n, (B) such person has not been convicted of a violation 19
48	48	of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-20
49	49	227a before, on or after October 1, 1981, a violation of subdivision (1) or 21
50	50	(2) of subsection (a) of section 14-227a on or after October 1, 1985, a 22
51	51	violation of section 14-227g, a violation of section 14-227m or a violation 23
52	52	of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such 24
53	53	person has not been convicted of a violation of section 15-132a, 25
54	54	subsection (d) of section 15-133, section 15-140l or section 15-140n, (D) 26
55	55	such person has not been convicted in any other state at any time of an 27
56	56	offense the essential elements of which are substantially the same as 28
57	57	section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or 29
58	58	(2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1) 30
59	59	or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-31
60	60	133, and (E) notice has been given by such person, by registered or 32
61	61	certified mail on a form prescribed by the Office of the Chief Court 33
62	62	Administrator, to each victim who sustained a serious physical injury, 34
63	63	as defined in section 53a-3, which was caused by such person's alleged 35
64	64	violation, that such person has applied to participate in the pretrial 36
65	65	alcohol education program and that such victim has an opportunity to 37
66	66	be heard by the court on the application. 38
67	67	(2) The court shall provide each such victim who sustained a serious 39
68	68	physical injury an opportunity to be heard prior to granting an 40
69	69	application under this section. Unless good cause is shown, a person 41
70	70	shall be ineligible for participation in such pretrial alcohol education 42
71	71	program if such person's alleged violation of section 14-227a, 14-227g or 43
72	72	14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 44
73	73	subsection (d) of section 15-133 caused the serious physical injury, as 45
74	74	defined in section 53a-3, of another person. 46
75	75	(3) The application fee imposed under this subsection shall be 47
76	76	credited to the Criminal Injuries Compensation Fund established under 48
77	77	section 54-215. The evaluation fee imposed under this subsection shall 49 Raised Bill No. 960
78	78
79	79
80	80
81	81	LCO No. 3956 3 of 36
82	82
83	83	be credited to the pretrial account established under section 54-56k. 50
84	84	(b) The court, after consideration of the recommendation of the state's 51
85	85	attorney, assistant state's attorney or deputy assistant state's attorney in 52
86	86	charge of the case, may, in its discretion, grant such application. If the 53
87	87	court grants such application, the court shall refer such person to the 54
88	88	Court Support Services Division for assessment and confirmation of the 55
89	89	eligibility of the applicant and to the Department of Mental Health and 56
90	90	Addiction Services for evaluation. The Court Support Services Division, 57
91	91	in making its assessment and confirmation, may rely on the 58
92	92	representations made by the applicant under oath in open court with 59
93	93	respect to convictions in other states of offenses specified in subsection 60
94	94	(a) of this section. Upon confirmation of eligibility and receipt of the 61
95	95	evaluation report, the defendant shall be referred to the Department of 62
96	96	Mental Health and Addiction Services by the Court Support Services 63
97	97	Division for placement in an appropriate alcohol intervention program 64
98	98	for one year, or be placed in a state-licensed substance abuse treatment 65
99	99	program. The alcohol intervention program shall include a ten-session 66
100	100	intervention program and a fifteen-session intervention program. Any 67
101	101	person who enters the pretrial alcohol education program shall agree: 68
102	102	(1) To the tolling of the statute of limitations with respect to such crime, 69
103	103	(2) to a waiver of such person's right to a speedy trial, (3) to complete 70
104	104	ten or fifteen counseling sessions in an alcohol intervention program or 71
105	105	successfully complete a substance abuse treatment program of not less 72
106	106	than twelve sessions pursuant to this section dependent upon the 73
107	107	evaluation report and the court order, (4) to commence participation in 74
108	108	an alcohol intervention program or substance abuse treatment program 75
109	109	not later than ninety days after the date of entry of the court order unless 76
110	110	granted a delayed entry into a program by the court, (5) upon 77
111	111	completion of participation in the alcohol intervention program, to 78
112	112	accept placement in a substance abuse treatment program upon the 79
113	113	recommendation of a provider under contract with the Department of 80
114	114	Mental Health and Addiction Services pursuant to subsection (f) of this 81
115	115	section or placement in a state-licensed substance abuse treatment 82
116	116	program which meets standards established by the Department of 83 Raised Bill No. 960
117	117
118	118
119	119
120	120	LCO No. 3956 4 of 36
121	121
122	122	Mental Health and Addiction Services, if the Court Support Services 84
123	123	Division deems it appropriate, and (6) if ordered by the court, to 85
124	124	participate in at least one victim impact panel. The suspension of the 86
125	125	motor vehicle operator's license of any such person pursuant to section 87
126	126	14-227b shall be effective during the period such person is participating 88
127	127	in the pretrial alcohol education program, provided such person shall 89
128	128	have the option of not commencing the participation in such program 90
129	129	until the period of such suspension is completed. If the Court Support 91
130	130	Services Division informs the court that the defendant is ineligible for 92
131	131	such program and the court makes a determination of ineligibility or if 93
132	132	the program provider certifies to the court that the defendant did not 94
133	133	successfully complete the assigned program or is no longer amenable to 95
134	134	treatment and such person does not request, or the court denies, 96
135	135	program reinstatement under subsection (e) of this section, the court 97
136	136	shall order the court file to be unsealed, enter a plea of not guilty for 98
137	137	such defendant and immediately place the case on the trial list. If such 99
138	138	defendant satisfactorily completes the assigned program, such 100
139	139	defendant may apply for dismissal of the charges against such 101
140	140	defendant and the court, on reviewing the record of the defendant's 102
141	141	participation in such program submitted by the Court Support Services 103
142	142	Division and on finding such satisfactory completion, shall dismiss the 104
143	143	charges. If the defendant does not apply for dismissal of the charges 105
144	144	against such defendant after satisfactorily completing the assigned 106
145	145	program the court, upon receipt of the record of the defendant's 107
146	146	participation in such program submitted by the Court Support Services 108
147	147	Division, may on its own motion make a finding of such satisfactory 109
148	148	completion and dismiss the charges. Upon motion of the defendant and 110
149	149	a showing of good cause, the court may extend the one-year placement 111
150	150	period for a reasonable period for the defendant to complete the 112
151	151	assigned program. A record of participation in such program shall be 113
152	152	retained by the Court Support Services Division for a period of ten years 114
153	153	from the date the court grants the application for participation in such 115
154	154	program. The Court Support Services Division shall transmit to the 116
155	155	Department of Motor Vehicles a record of participation in such program 117
156	156	for each person who satisfactorily completes such program. The 118 Raised Bill No. 960
157	157
158	158
159	159
160	160	LCO No. 3956 5 of 36
161	161
162	162	Department of Motor Vehicles shall maintain for a period of ten years 119
163	163	the record of a person's participation in such program as part of such 120
164	164	person's driving record. The Court Support Services Division shall 121
165	165	transmit to the Department of Energy and Environmental Protection the 122
166	166	record of participation of any person who satisfactorily completes such 123
167	167	program who has been charged with a violation of the provisions of 124
168	168	subsection (d) of section 15-133 or section 15-140n. The Department of 125
169	169	Energy and Environmental Protection shall maintain for a period of ten 126
170	170	years the record of a person's participation in such program as a part of 127
171	171	such person's boater certification record. 128
172	172	(c) At the time the court grants the application for participation in the 129
173	173	pretrial alcohol education program, such person shall also pay to the 130
174	174	court a nonrefundable program fee of three hundred fifty dollars if such 131
175	175	person is ordered to participate in the ten-session intervention program 132
176	176	and a nonrefundable program fee of five hundred dollars if such person 133
177	177	is ordered to participate in the fifteen-session intervention program. If 134
178	178	the court grants the application for participation in the pretrial alcohol 135
179	179	education program and such person is ordered to participate in a 136
180	180	substance abuse treatment program, such person shall be responsible 137
181	181	for the costs associated with participation in such program. No person 138
182	182	may be excluded from either program for inability to pay such fee or 139
183	183	cost, provided (1) such person files with the court an affidavit of 140
184	184	indigency or inability to pay, (2) such indigency or inability to pay is 141
185	185	confirmed by the Court Support Services Division, and (3) the court 142
186	186	enters a finding thereof. If the court finds that a person is indigent or 143
187	187	unable to pay for a treatment program, the costs of such program shall 144
188	188	be paid from the pretrial account established under section 54-56k. If the 145
189	189	court finds that a person is indigent or unable to pay for an intervention 146
190	190	program, the court may waive all or any portion of the fee for such 147
191	191	intervention program. If the court denies the application, such person 148
192	192	shall not be required to pay the program fee. If the court grants the 149
193	193	application and such person is later determined to be ineligible for 150
194	194	participation in such pretrial alcohol education program or fails to 151
195	195	complete the assigned program, the program fee shall not be refunded. 152 Raised Bill No. 960
196	196
197	197
198	198
199	199	LCO No. 3956 6 of 36
200	200
201	201	All program fees shall be credited to the pretrial account established 153
202	202	under section 54-56k. 154
203	203	(d) If a person returns to court with certification from a program 155
204	204	provider that such person did not successfully complete the assigned 156
205	205	program or is no longer amenable to treatment, the provider, to the 157
206	206	extent practicable, shall include a recommendation to the court as to 158
207	207	whether a ten-session intervention program, a fifteen-session 159
208	208	intervention program or placement in a state-licensed substance abuse 160
209	209	treatment program would best serve such person's needs. The provider 161
210	210	shall also indicate whether the current program referral was an initial 162
211	211	referral or a reinstatement to the program. 163
212	212	(e) When a person subsequently requests reinstatement into an 164
213	213	alcohol intervention program or a substance abuse treatment program 165
214	214	and the Court Support Services Division verifies that such person is 166
215	215	eligible for reinstatement into such program and thereafter the court 167
216	216	favorably acts on such request, such person shall pay a nonrefundable 168
217	217	program fee of one hundred seventy-five dollars if ordered to complete 169
218	218	a ten-session intervention program or two hundred fifty dollars if 170
219	219	ordered to complete a fifteen-session intervention program, as the case 171
220	220	may be. Unless good cause is shown, such fees shall not be waived. If 172
221	221	the court grants a person's request to be reinstated into a treatment 173
222	222	program, such person shall be responsible for the costs, if any, 174
223	223	associated with being reinstated into the treatment program. All 175
224	224	program fees collected in connection with a reinstatement to an 176
225	225	intervention program shall be credited to the pretrial account 177
226	226	established under section 54-56k. No person shall be permitted more 178
227	227	than two program reinstatements pursuant to this subsection. 179
228	228	(f) The Department of Mental Health and Addiction Services shall 180
229	229	contract with service providers, develop standards and oversee 181
230	230	appropriate alcohol programs to meet the requirements of this section. 182
231	231	Said department shall adopt regulations, in accordance with chapter 54, 183
232	232	to establish standards for such alcohol programs. Any person ordered 184
233	233	to participate in a treatment program shall do so at a state-licensed 185 Raised Bill No. 960
234	234
235	235
236	236
237	237	LCO No. 3956 7 of 36
238	238
239	239	treatment program which meets the standards established by said 186
240	240	department. Any defendant whose employment or residence makes it 187
241	241	unreasonable to attend an alcohol intervention program or a substance 188
242	242	abuse treatment program in this state may attend a program in another 189
243	243	state which has standards substantially similar to, or higher than, those 190
244	244	of this state, subject to the approval of the court and payment of the 191
245	245	application, evaluation and program fees and treatment costs, as 192
246	246	appropriate, as provided in this section. 193
247	247	(g) The court may, as a condition of granting such application, require 194
248	248	that such person participate in a victim impact panel program approved 195
249	249	by the Court Support Services Division of the Judicial Department. Such 196
250	250	victim impact panel program shall provide a nonconfrontational forum 197
251	251	for the victims of alcohol-related or drug-related offenses and offenders 198
252	252	to share experiences on the impact of alcohol-related or drug-related 199
253	253	incidents in their lives. Such victim impact panel program shall be 200
254	254	conducted by a nonprofit organization that advocates on behalf of 201
255	255	victims of accidents caused by persons who operated a motor vehicle 202
256	256	while under the influence of intoxicating liquor or any drug, or both. 203
257	257	Such organization may assess a participation fee of not more than 204
258	258	seventy-five dollars on any person required by the court to participate 205
259	259	in such program, provided such organization shall offer a hardship 206
260	260	waiver when it has determined that the imposition of a fee would pose 207
261	261	an economic hardship for such person. 208
262	262	(h) The provisions of this section shall not be applicable in the case of 209
263	263	any person charged with a violation of section 14-227a or 14-227m or 210
264	264	subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 211
265	265	operating a commercial motor vehicle, as defined in section 14-1, or (2) 212
266	266	who holds a commercial driver's license or commercial driver's 213
267	267	instruction permit at the time of the violation.] 214
268	268	(a) (1) There is established a pretrial alcohol intervention program for 215
269	269	persons charged with a violation of section 14-227a, 14-227g, 14-227m, 216
270	270	14-227n, subsection (d) of section 15-133 or section 15-140n. The 217
271	271	program shall consist of a twelve-session alcohol education component 218 Raised Bill No. 960
272	272
273	273
274	274
275	275	LCO No. 3956 8 of 36
276	276
277	277	or a substance use treatment component of not less than fifteen sessions 219
278	278	and may also include a victim impact component, as ordered by the 220
279	279	court pursuant to subsection (d) of this section. 221
280	280	(2) The provisions of this section shall not apply to any person: 222
281	281	(A) Who has been placed in the pretrial alcohol intervention program 223
282	282	under this section or the pretrial alcohol education program established 224
283	283	under the provisions of this section in effect prior to January 1, 2021, 225
284	284	within ten years immediately preceding the date of the application; 226
285	285	(B) Who has been allowed to participate in an alcohol or drug 227
286	286	education, treatment or similar program in any other state that has 228
287	287	resulted or may result in the reduction or dismissal of charges for an 229
288	288	offense, the essential elements of which are substantially the same as 230
289	289	section 14-227a, 14-227g, 14-227m, 14-227n, subsection (d) of section 15-231
290	290	133 or section 15-140n, within ten years immediately preceding the date 232
291	291	of the application; 233
292	292	(C) Who has been convicted of a violation of section 14-227a, 14-227g, 234
293	293	14-227m, 14-227n, 15-132a, subsection (d) of section 15-133, section 15-235
294	294	140l, 15-140n, 53a-56b or 53a-60d; 236
295	295	(D) Who has been convicted in any other state at any time of an 237
296	296	offense the essential elements of which are substantially the same as 238
297	297	section 14-227a, 14-227g, 14-227m, 14-227n, 15-132a, subsection (d) of 239
298	298	section 15-133, section 15-140l, 15-140n, 53a-56b or 53a-60d; 240
299	299	(E) Who is charged with a violation of section 14-227a, 14-227g, 14-241
300	300	227m or 14-227n, (i) and holds a commercial driver's license or 242
301	301	commercial driver's instruction permit at the time of the violation, or (ii) 243
302	302	while operating a commercial motor vehicle, as defined in section 14-1; 244
303	303	or 245
304	304	(F) Whose alleged violation caused the serious physical injury, as 246
305	305	defined in section 53a-3, of another person, unless good cause is shown. 247
306	306	(b) Upon application for participation in the program: 248 Raised Bill No. 960
307	307
308	308
309	309
310	310	LCO No. 3956 9 of 36
311	311
312	312	(1) The court shall, but only as to the public, order the court file 249
313	313	sealed; 250
314	314	(2) The applicant shall pay to the court a nonrefundable application 251
315	315	fee of one hundred dollars, which shall be credited to the Criminal 252
316	316	Injuries Compensation Fund established under section 54-215, and a 253
317	317	nonrefundable evaluation fee of one hundred fifty dollars, which shall 254
318	318	be credited to the pretrial account established under section 54-56k; 255
319	319	(3) The applicant shall agree that, if the court grants the application 256
320	320	and places the applicant in the program pursuant to subsection (d) of 257
321	321	this section: 258
322	322	(A) The statute of limitations for any alleged violations for which the 259
323	323	court grants the application for the program shall be tolled; 260
324	324	(B) The applicant waives the right to a speedy trial; 261
325	325	(C) The applicant will begin participation in the components of the 262
326	326	program ordered by the court not later than ninety days after the date 263
327	327	that the court places the applicant in the program, unless the applicant 264
328	328	requests, and the court allows a later start date; 265
329	329	(D) The applicant will successfully complete any components of the 266
330	330	program ordered by the court; 267
331	331	(E) The applicant will not engage in any conduct that is inconsistent 268
332	332	with the purposes of this program, including, but not limited to, 269
333	333	engaging in any conduct that would be a violation of section 14-227a, 270
334	334	14-227g, 14-227m, 14-227n, subsection (d) of section 15-133 or section 15-271
335	335	140n; and 272
336	336	(F) Upon completion of participation in the alcohol education or 273
337	337	substance use treatment component of the program ordered by the 274
338	338	court, the applicant may be required to participate in additional 275
339	339	substance use treatment pursuant to subparagraph (A) of subdivision 276
340	340	(2) of subsection (h) of this section to satisfactorily complete the program 277
341	341	if a program component provider recommends such additional 278 Raised Bill No. 960
342	342
343	343
344	344
345	345	LCO No. 3956 10 of 36
346	346
347	347	treatment and the Court Support Services Division deems it appropriate 279
348	348	or the court orders the additional treatment; and 280
349	349	(4) The court shall refer the applicant to (A) the Court Support 281
350	350	Services Division for confirmation of eligibility to participate in the 282
351	351	program, and (B) the Department of Mental Health and Addiction 283
352	352	Services for evaluation and determination of the appropriate alcohol 284
353	353	education or substance use treatment component. 285
354	354	(c) Immediately following application, the applicant shall send 286
355	355	notice, by registered or certified mail on a form prescribed by the Office 287
356	356	of the Chief Court Administrator, to any victim who sustained a serious 288
357	357	physical injury, as defined in section 53a-3, as a result of the applicant's 289
358	358	alleged violation. The notice shall inform the victim that the applicant 290
359	359	has applied to participate in the pretrial alcohol intervention program 291
360	360	and that the victim has an opportunity to be heard by the court on the 292
361	361	application. The court shall provide each such victim an opportunity to 293
362	362	be heard prior to granting an application under this section. 294
363	363	(d) (1) Upon confirmation of eligibility and that the applicant sent the 295
364	364	notice required under subsection (c) of this section, receipt of the 296
365	365	evaluation and determination required under subparagraph (B) of 297
366	366	subdivision (4) of subsection (b) of this section, and after consideration 298
367	367	of any victim statement and the recommendation of the state's attorney, 299
368	368	assistant state's attorney or deputy assistant state's attorney in charge of 300
369	369	the case, the court may, in its discretion, grant the application for, and 301
370	370	place the applicant in, the pretrial alcohol intervention program for a 302
371	371	period of one year. 303
372	372	(2) If the court grants the application and places the applicant in the 304
373	373	program, the court (A) shall order the applicant to participate in the 305
374	374	alcohol education or substance use treatment component of the 306
375	375	program, as recommended by the evaluation conducted pursuant to 307
376	376	subparagraph (B) of subdivision (4) of subsection (b) of this section and 308
377	377	determined to be appropriate by the court, and (B) may also order the 309
378	378	applicant to participate in a victim impact component for which the 310 Raised Bill No. 960
379	379
380	380
381	381
382	382	LCO No. 3956 11 of 36
383	383
384	384	applicant must attend a victim impact panel approved by the Court 311
385	385	Support Services Division pursuant to subdivision (1) of subsection (f) 312
386	386	of this section. 313
387	387	(3) If the court grants the application, the suspension of the motor 314
388	388	vehicle operator's license, pursuant to section 14-227b, of any person 315
389	389	placed in the program shall be effective during the period such person 316
390	390	is participating in the program, unless such person delayed 317
391	391	participation in the program until after the license suspension is 318
392	392	complete in accordance with subparagraph (C) of subdivision (3) of 319
393	393	subsection (b) of this section. 320
394	394	(4) If the Court Support Services Division informs the court that the 321
395	395	applicant is not eligible for the program and the court makes a 322
396	396	determination of ineligibility, the court shall deny the application, order 323
397	397	the court file to be unsealed, enter a plea of not guilty for such person 324
398	398	and immediately place the case on the trial list. If the court denies the 325
399	399	application, the applicant shall not be required to pay any program or 326
400	400	participation fee specified in this section. 327
401	401	(e) (1) At the time that any person is placed in the program and 328
402	402	ordered to participate in the alcohol education or substance use 329
403	403	treatment component, such person shall, if ordered to participate in the 330
404	404	(A) alcohol education component, pay to the court a nonrefundable 331
405	405	program fee of five hundred dollars, or (B) substance use treatment 332
406	406	component, pay to the court a nonrefundable program fee of one 333
407	407	hundred dollars and shall also pay to the treatment provider any costs 334
408	408	associated with such treatment. All program fees shall be credited to the 335
409	409	pretrial account established under section 54-56k. 336
410	410	(2) Any person placed in the program and ordered to participate in 337
411	411	the victim impact component shall, at the time such person attends the 338
412	412	victim impact panel, pay the organization conducting the victim impact 339
413	413	panel pursuant to subdivision (1) of subsection (f) of this section the 340
414	414	participation fee required by such organization. 341
415	415	(3) (A) No person may be excluded from any component of the 342 Raised Bill No. 960
416	416
417	417
418	418
419	419	LCO No. 3956 12 of 36
420	420
421	421	program because such person is indigent and unable to pay the 343
422	422	associated fee or cost, provided (i) such person files with the court an 344
423	423	affidavit of indigency, and (ii) the court enters a finding of such 345
424	424	indigency. 346
425	425	(B) If the court finds that a person is indigent and unable to pay for 347
426	426	the program application or evaluation component of the program, the 348
427	427	court may waive all or any portion of these fees. 349
428	428	(C) If the court finds that a person is indigent and unable to pay for 350
429	429	the alcohol education component of the program, the court may waive 351
430	430	all or any portion of the program fee for that component. 352
431	431	(D) If the court finds that a person is indigent and unable to pay for 353
432	432	the substance use treatment component of the program, the court may 354
433	433	waive all or any portion of the program fee for that component and the 355
434	434	costs of such treatment. Any costs waived under this subparagraph shall 356
435	435	be paid from the pretrial account established under section 54-56k. 357
436	436	(f) (1) The Court Support Services Division shall approve a nonprofit 358
437	437	organization that advocates on behalf of victims of accidents caused by 359
438	438	persons who operated a motor vehicle while under the influence of 360
439	439	intoxicating liquor or drugs, or both, to provide victim impact panels for 361
440	440	the victim impact component of the program. Victim impact panels shall 362
441	441	provide a nonconfrontational forum for the victims of alcohol or drug-363
442	442	related offenses and offenders to share experiences on the impact of 364
443	443	alcohol or drug-related incidents in their lives. Such organization may 365
444	444	assess a participation fee of not more than seventy-five dollars per panel 366
445	445	on any person ordered to participate in the victim impact component of 367
446	446	the program, provided such organization offers a hardship waiver of 368
447	447	the participation fee when it determines that the imposition of the fee 369
448	448	would pose an economic hardship for such person. 370
449	449	(2) The Court Support Services Division shall refer any person (A) 371
450	450	placed in the program to the Department of Mental Health and 372
451	451	Addiction Services or to a state-licensed substance use treatment 373
452	452	provider with facilities that are in compliance with all state standards 374 Raised Bill No. 960
453	453
454	454
455	455
456	456	LCO No. 3956 13 of 36
457	457
458	458	governing the operation of such facilities, as appropriate, for the 375
459	459	purpose of receiving the alcohol education or substance use treatment 376
460	460	component services ordered by the court, and (B) ordered to participate 377
461	461	in the victim impact component to an organization approved to conduct 378
462	462	victim impact panels in accordance with subdivision (1) of this 379
463	463	subsection. 380
464	464	(3) The Court Support Services Division may allow any person placed 381
465	465	in the program whose employment, residence or schooling makes it 382
466	466	unreasonable to participate in any component of the program ordered 383
467	467	by the court in this state to satisfy the applicable program components 384
468	468	in another state if (A) the out-of-state component provider has standards 385
469	469	substantially similar to, or higher than, those of this state, (B) for any 386
470	470	substance use treatment component, the out-of-state substance use 387
471	471	treatment provider is licensed by the state in which treatment will be 388
472	472	provided, (C) the person allowed to satisfy the components of the 389
473	473	program in another state pays the applicable program fee and costs 390
474	474	provided in this section, and (D) the court approves the out-of-state 391
475	475	referral. 392
476	476	(g) The Department of Mental Health and Addiction Services shall 393
477	477	administer the alcohol education component of the program and shall 394
478	478	adopt regulations, in accordance with chapter 54, to establish standards 395
479	479	for such alcohol education component. The department may combine 396
480	480	the services for the alcohol education component under the provisions 397
481	481	of this section with the services for the drug education component under 398
482	482	the provisions of section 54-56i, as amended by this act, if necessary to 399
483	483	ensure the appropriate and timely access to the court ordered education 400
484	484	components. The department may contract with service providers to 401
485	485	provide the appropriate drug and alcohol education components in 402
486	486	accordance with the provisions of this section. 403
487	487	(h) (1) All program component providers shall provide the Court 404
488	488	Support Services Division with a certification regarding the 405
489	489	participation of each person referred to such provider pursuant to this 406
490	490	section in the manner required by the Court Support Services Division. 407 Raised Bill No. 960
491	491
492	492
493	493
494	494	LCO No. 3956 14 of 36
495	495
496	496	(A) If such person has successfully completed the applicable program 408
497	497	component, the certification shall indicate such successful completion 409
498	498	and state whether additional substance use treatment is recommended. 410
499	499	(B) If such person has failed to successfully complete the applicable 411
500	500	program component, the certification shall indicate the reasons for such 412
501	501	failure, whether the person is no longer amenable to education or 413
502	502	treatment and whether the current referral was an initial referral or a 414
503	503	reinstatement into the program component. The certification of failure 415
504	504	shall also, to the extent practicable, include a recommendation as to 416
505	505	whether an alternative alcohol education or substance use treatment 417
506	506	component would best serve such person's needs. 418
507	507	(2) Upon receipt of a participation certification from any program 419
508	508	component provider pursuant to this subsection, the Court Support 420
509	509	Services Division (A) may, if the certification indicates that a person who 421
510	510	was placed in the program successfully completed the alcohol education 422
511	511	or substance use treatment component ordered by the court, but the 423
512	512	program component provider recommends additional substance use 424
513	513	treatment for such person and the Court Support Services Division 425
514	514	deems such additional treatment appropriate, require such person to 426
515	515	participate in the recommended additional substance use treatment in 427
516	516	order to satisfactorily complete the pretrial alcohol intervention 428
517	517	program, and (B) shall provide the court with a final progress report 429
518	518	indicating whether such person has successfully completed any 430
519	519	components of the program ordered by the court and whether the Court 431
520	520	Support Services Division required such person to participate in any 432
521	521	additional substance use treatment after successful completion of the 433
522	522	program component initially ordered by the court. The final progress 434
523	523	report shall include any other information obtained during the 435
524	524	supervision of such person relevant to such person's participation in the 436
525	525	program. 437
526	526	(i) (1) If any person placed in the program successfully completes all 438
527	527	components of the program ordered by the court and any additional 439
528	528	substance use treatment required by the Court Support Services 440
529	529	Division and has paid all fees or costs required under the provisions of 441 Raised Bill No. 960
530	530
531	531
532	532
533	533	LCO No. 3956 15 of 36
534	534
535	535	this section, at the conclusion of such person's period of participation in 442
536	536	the program, such person may apply for dismissal of the charges against 443
537	537	such person. Upon application, the court shall review the final progress 444
538	538	report submitted by the Court Support Services Division regarding such 445
539	539	person and any other relevant information, including whether such 446
540	540	person has paid all fees or costs required under the provisions of this 447
541	541	section. If the court finds that such person has satisfactorily completed 448
542	542	the pretrial alcohol intervention program, the court shall dismiss the 449
543	543	charges, unless such person has not paid all fees or costs required under 450
544	544	the provisions of this section, in which case, the court shall either 451
545	545	continue the case until such fees or costs are paid or waive any 452
546	546	outstanding fees or costs prior to dismissing the charges. 453
547	547	(2) If any person who has successfully completed all components of 454
548	548	the program ordered by the court and any additional substance use 455
549	549	treatment required by the Court Support Services Division does not 456
550	550	apply for dismissal of the charges against such person at the conclusion 457
551	551	of such person's period of participation in the program, the court, upon 458
552	552	review of the final progress report regarding such person submitted by 459
553	553	the Court Support Services Division and any other relevant information, 460
554	554	including whether such person has paid all fees or costs required under 461
555	555	the provisions of this section, may, on its own motion, make a finding 462
556	556	of satisfactory completion of the pretrial alcohol intervention program 463
557	557	and dismiss the charges. If the court determines that such person has 464
558	558	not paid all fees or costs required under the provisions of this section, 465
559	559	such court shall either not dismiss the charges on its own motion until 466
560	560	such fees or costs are paid or waive any outstanding fees or costs prior 467
561	561	to dismissing the charges. 468
562	562	(3) Upon the motion of any person placed in the program and a 469
563	563	showing of good cause, the court may extend the program placement 470
564	564	period for a reasonable period of time to allow such person to complete 471
565	565	the applicable program components. 472
566	566	(j) If the final progress report submitted by the Court Support 473
567	567	Services Division indicates that any person placed in the program has 474 Raised Bill No. 960
568	568
569	569
570	570
571	571	LCO No. 3956 16 of 36
572	572
573	573	failed to successfully complete any component of the program ordered 475
574	574	by the court or is no longer amenable to treatment or, upon review of 476
575	575	any other relevant information, the court finds that any person placed 477
576	576	in the program is otherwise ineligible to continue participating in the 478
577	577	program, the court shall terminate such person's participation in the 479
578	578	program. No program fees shall be refunded to any person whose 480
579	579	participation in the program is terminated. Unless such person requests, 481
580	580	and the court grants, reinstatement into the program pursuant to 482
581	581	subsection (k) of this section, the court shall order the court file to be 483
582	582	unsealed, enter a plea of not guilty for such person and immediately 484
583	583	place the case on the trial list. 485
584	584	(k) (1) Any person who fails to successfully complete any component 486
585	585	of the program ordered by the court or whom the court finds to be 487
586	586	otherwise ineligible to continue participating in the program may ask 488
587	587	the court to reinstate such person into the program up to two times. 489
588	588	(2) If a person requests reinstatement into the program, the Court 490
589	589	Support Services Division shall verify that such person is eligible for 491
590	590	such reinstatement. 492
591	591	(3) If a person requesting reinstatement into the program is eligible 493
592	592	for reinstatement, the court shall review any final progress report 494
593	593	submitted by the Court Support Services Division regarding such 495
594	594	person's failure to complete any program components initially ordered 496
595	595	and any other relevant information, and may, in its discretion, grant 497
596	596	such person reinstatement into the program. When granting such 498
597	597	reinstatement, the court shall order the defendant to participate in the 499
598	598	appropriate alcohol education, substance use treatment or victim impact 500
599	599	component of the program in accordance with subdivision (2) of 501
600	600	subsection (d) of this section. 502
601	601	(4) (A) Any person reinstated into the program shall pay (i) a 503
602	602	nonrefundable program fee of two hundred fifty dollars if ordered to 504
603	603	participate in the alcohol education component of the program, or (ii) 505
604	604	the costs of any substance use treatment if ordered to participate in the 506 Raised Bill No. 960
605	605
606	606
607	607
608	608	LCO No. 3956 17 of 36
609	609
610	610	substance use treatment component of the program. 507
611	611	(B) Unless good cause is shown, the court shall not waive the 508
612	612	program fee or the costs of substance use treatment associated with 509
613	613	reinstatement into the program. 510
614	614	(C) All program fees collected in connection with a reinstatement to 511
615	615	the program shall be credited to the pretrial account established under 512
616	616	section 54-56k. 513
617	617	(l) (1) If any person applies for both the pretrial alcohol intervention 514
618	618	program under the provisions of this section and the pretrial drug 515
619	619	intervention and community service program pursuant to section 54-516
620	620	56i, as amended by this act, for charges arising from the same arrest, and 517
621	621	the Department of Mental Health and Addiction Services has already 518
622	622	completed the required evaluation and determi nation of the 519
623	623	appropriate drug education or substance use treatment component 520
624	624	under the provisions of section 54-56i, as amended by this act, the court 521
625	625	may rely on such evaluation and determination for the purposes of 522
626	626	ordering participation in the alcohol education or substance use 523
627	627	treatment component of the program under the provisions of this 524
628	628	section. If the court relies on such evaluation and determination, such 525
629	629	person shall not be required to pay the evaluation fee under the 526
630	630	provisions of subdivision (2) of subsection (b) of this section, provided 527
631	631	such person has paid, or the court has waived, the evaluation fee 528
632	632	pursuant to section 54-56i, as amended by this act. 529
633	633	(2) If any person is placed in both the pretrial alcohol intervention 530
634	634	program under the provisions of this section and the pretrial drug 531
635	635	intervention and community service program pursuant to section 54-532
636	636	56i, as amended by this act, for charges arising from the same arrest, the 533
637	637	court may find that: 534
638	638	(A) Such person's successful completion of the alcohol education 535
639	639	component of the pretrial alcohol intervention program pursuant to this 536
640	640	section satisfies such person's required participation in the drug 537
641	641	education component of the pretrial drug intervention and community 538 Raised Bill No. 960
642	642
643	643
644	644
645	645	LCO No. 3956 18 of 36
646	646
647	647	service program under the provisions of this section; or 539
648	648	(B) Such person's successful completion of the substance use 540
649	649	treatment component of the drug intervention and community service 541
650	650	program pursuant to section 54-56i, as amended by this act, satisfies 542
651	651	such person's required participation in the substance use treatment 543
652	652	component of the pretrial alcohol intervention program under the 544
653	653	provisions of this section. 545
654	654	(3) Nothing in this subsection shall relieve any person placed in the 546
655	655	pretrial alcohol intervention program pursuant to this section and 547
656	656	placed in the pretrial drug intervention and community service 548
657	657	program pursuant to section 54-56i, as amended by this act, of charges 549
658	658	arising from the same arrest from the requirement to participate in (A) 550
659	659	the victim impact component of the pretrial alcohol intervention 551
660	660	program, if ordered by the court under the provisions of this section, in 552
661	661	order to satisfactorily complete the pretrial alcohol intervention 553
662	662	program, and (B) the community service component of the pretrial drug 554
663	663	intervention and community service program pursuant to section 54-555
664	664	56i, as amended by this act, in order to satisfactorily complete the 556
665	665	pretrial drug intervention and community service program. 557
666	666	(4) Nothing in this subsection shall affect any person's eligibility for 558
667	667	participation in the pretrial alcohol intervention program under the 559
668	668	provisions of this section if such person is placed in the pretrial drug 560
669	669	intervention and community service program pursuant to the 561
670	670	provisions of section 54-56i, as amended by this act, independent of a 562
671	671	concurrent application for and placement in the pretrial alcohol 563
672	672	intervention program for charges arising from the same arrest. 564
673	673	(m) (1) The Court Support Services Division shall retain a record of 565
674	674	participation in the pretrial alcohol intervention program for a period of 566
675	675	ten years from the date the court grants the application for, and places 567
676	676	the applicant in, the program pursuant to the provisions of this section. 568
677	677	(2) For any person charged with a violation of section 14-227a, 14-569
678	678	227g, 14-227m or 14-227n whose charges were dismissed pursuant to the 570 Raised Bill No. 960
679	679
680	680
681	681
682	682	LCO No. 3956 19 of 36
683	683
684	684	provisions of this section, the Court Support Services Division shall 571
685	685	transmit to the Department of Motor Vehicles the record of such 572
686	686	person's participation in the program. The Department of Motor 573
687	687	Vehicles shall maintain the record of any person's participation in such 574
688	688	program as part of such person's driving record for a period of ten years. 575
689	689	(3) For any person charged with a violation of subsection (d) of 576
690	690	section 15-133 or section 15-140n whose charges were dismissed 577
691	691	pursuant to the provisions of this section, the Court Support Services 578
692	692	Division shall transmit to the Department of Energy and Environmental 579
693	693	Protection the record of such person's participation in the program. The 580
694	694	Department of Energy and Environmental Protection shall maintain the 581
695	695	record of any person's participation in such program as a part of such 582
696	696	person's boater certification record for a period of ten years. 583
697	697	Sec. 2. Section 54-56i of the general statutes is repealed and the 584
698	698	following is substituted in lieu thereof (Effective October 1, 2021): 585
699	699	[(a) There is established a pretrial drug education and community 586
700	700	service program for persons charged with a violation of section 21a-267, 587
701	701	21a-279 or 21a-279a. The pretrial drug education and community service 588
702	702	program shall include a fifteen-session drug education program and a 589
703	703	substance abuse treatment program of not less than fifteen sessions, and 590
704	704	the performance of community service. 591
705	705	(b) Upon application by any such person for participation in such 592
706	706	program, the court shall, but only as to the public, order the court file 593
707	707	sealed, and such person shall pay to the court of an application fee of 594
708	708	one hundred dollars and a nonrefundable evaluation fee of one hundred 595
709	709	fifty dollars. A person shall be ineligible for participation in such pretrial 596
710	710	drug education and community service program if such person has 597
711	711	twice previously participated in (1) the pretrial drug education program 598
712	712	established under the provisions of this section in effect prior to October 599
713	713	1, 2013, (2) the community service labor program established under 600
714	714	section 53a-39c, (3) the pretrial drug education and community service 601
715	715	program established under this section, or (4) any of such programs, 602 Raised Bill No. 960
716	716
717	717
718	718
719	719	LCO No. 3956 20 of 36
720	720
721	721	except that the court may allow a person who has twice previously 603
722	722	participated in such programs to participate in the pretrial drug 604
723	723	education and community service program one additional time, for 605
724	724	good cause shown. The evaluation and application fee imposed under 606
725	725	this subsection shall be credited to the pretrial account established 607
726	726	under section 54-56k. 608
727	727	(c) The court, after consideration of the recommendation of the state's 609
728	728	attorney, assistant state's attorney or deputy assistant state's attorney in 610
729	729	charge of the case, may, in its discretion, grant such application. If the 611
730	730	court grants such application, the court shall refer such person (1) to the 612
731	731	Court Support Services Division for confirmation of the eligibility of the 613
732	732	applicant, (2) to the Department of Mental Health and Addiction 614
733	733	Services for evaluation and determination of an appropriate drug 615
734	734	education or substance abuse treatment program for the first or second 616
735	735	time such application is granted, and (3) to a state-licensed substance 617
736	736	abuse treatment program for evaluation and determination of an 618
737	737	appropriate substance abuse treatment program for the third time such 619
738	738	application is granted, except that, if such person is a veteran, the court 620
739	739	may refer such person to the Department of Veterans Affairs or the 621
740	740	United States Department of Veterans Affairs, as applicable, for any 622
741	741	such evaluation and determination. For the purposes of this subsection 623
742	742	and subsection (d) of this section, "veteran" means any person who was 624
743	743	discharged or released under conditions other than dishonorable from 625
744	744	active service in the armed forces as defined in section 27-103. 626
745	745	(d) (1) (A) Upon confirmation of eligibility and receipt of the 627
746	746	evaluation and determination required under subsection (c) of this 628
747	747	section, such person shall be placed in the pretrial drug education and 629
748	748	community service program and referred by the Court Support Services 630
749	749	Division for the purpose of receiving appropriate drug education 631
750	750	services or substance abuse treatment program services, as 632
751	751	recommended by the evaluation conducted pursuant to subsection (c) 633
752	752	of this section and ordered by the court, to the Department of Mental 634
753	753	Health and Addiction Services or to a state-licensed substance abuse 635
754	754	treatment program for placement in the appropriate drug education or 636 Raised Bill No. 960
755	755
756	756
757	757
758	758	LCO No. 3956 21 of 36
759	759
760	760	substance abuse treatment program, except that, if such person is a 637
761	761	veteran, the division may refer such person to the Department of 638
762	762	Veterans Affairs or the United States Department of Veterans Affairs, 639
763	763	subject to the provisions of subdivision (2) of this subsection. 640
764	764	(B) Persons who have been granted entry into the pretrial drug 641
765	765	education and community service program for the first time shall 642
766	766	participate in either a fifteen-session drug education program or a 643
767	767	substance abuse treatment program of not less than fifteen sessions, as 644
768	768	ordered by the court on the basis of the evaluation and determination 645
769	769	required under subsection (c) of this section. Persons who have been 646
770	770	granted entry into the pretrial drug education and community service 647
771	771	program for the second time shall participate in either a fifteen-session 648
772	772	drug education program or a substance abuse treatment program of not 649
773	773	less than fifteen sessions, as ordered by the court based on the 650
774	774	evaluation and determination required under subsection (c) of this 651
775	775	section. Persons who have been granted entry into the pretrial drug 652
776	776	education and community service program for a third time shall be 653
777	777	referred to a state-licensed substance abuse program for evaluation and 654
778	778	participation in a course of treatment as ordered by the court based on 655
779	779	the evaluation and determination required under subsection (c) of this 656
780	780	section. 657
781	781	(C) Persons who have been granted entry into the pretrial drug 658
782	782	education and community service program shall also participate in a 659
783	783	community service program administered by the Court Support 660
784	784	Services Division pursuant to section 53a-39c. Persons who have been 661
785	785	granted entry into the pretrial drug education and community service 662
786	786	program for the first time shall participate in the community service 663
787	787	program for a period of five days. Persons who have been granted entry 664
788	788	into the pretrial drug education and community service program for the 665
789	789	second time shall participate in the community service program for a 666
790	790	period of fifteen days. Persons who have been granted entry into the 667
791	791	pretrial drug education and community service program for a third or 668
792	792	additional time shall participate in the community service program for 669
793	793	a period of thirty days. 670 Raised Bill No. 960
794	794
795	795
796	796
797	797	LCO No. 3956 22 of 36
798	798
799	799	(D) Placement in the pretrial drug education and community service 671
800	800	program pursuant to this section shall not exceed one year. Persons 672
801	801	receiving substance abuse treatment program services in accordance 673
802	802	with the provisions of this section shall only receive such services at 674
803	803	state-licensed substance abuse treatment program facilities that are in 675
804	804	compliance with all state standards governing the operation of such 676
805	805	facilities, except that, if such person is a veteran, such person may 677
806	806	receive services from facilities under the supervision of the Department 678
807	807	of Veterans Affairs or the United States Department of Veterans Affairs, 679
808	808	subject to the provisions of subdivision (2) of this subsection. 680
809	809	(E) Any person who enters the pretrial drug education and 681
810	810	community service program shall agree: (i) To the tolling of the statute 682
811	811	of limitations with respect to such crime; (ii) to a waiver of such person's 683
812	812	right to a speedy trial; (iii) to complete participation in the pretrial drug 684
813	813	education and community service program, as ordered by the court; (iv) 685
814	814	to commence participation in the pretrial drug education and 686
815	815	community service program not later than ninety days after the date of 687
816	816	entry of the court order unless granted a delayed entry into the program 688
817	817	by the court; and (v) upon completion of participation in the pretrial 689
818	818	drug education and community service program, to accept (I) placement 690
819	819	in a treatment program upon the recommendation of a provider under 691
820	820	contract with the Department of Mental Health and Addiction Services 692
821	821	or a provider under the supervision of the Department of Veterans 693
822	822	Affairs or the United States Department of Veterans Affairs, or (II) 694
823	823	placement in a treatment program that has standards substantially 695
824	824	similar to, or higher than, a program of a provider under contract with 696
825	825	the Department of Mental Health and Addiction Services, if the Court 697
826	826	Support Services Division deems it appropriate. 698
827	827	(2) The Court Support Services Division may only refer a veteran to 699
828	828	the Department of Veterans Affairs or the United States Department of 700
829	829	Veterans Affairs for the receipt of services under the program if (A) the 701
830	830	division determines that such services will be provided in a timely 702
831	831	manner under standards substantially similar to, or higher than, 703
832	832	standards for services provided by the Department of Mental Health 704 Raised Bill No. 960
833	833
834	834
835	835
836	836	LCO No. 3956 23 of 36
837	837
838	838	and Addiction Services under the program, and (B) the applicable 705
839	839	department agrees to submit timely program participation and 706
840	840	completion reports to the division in the manner required by the 707
841	841	division. 708
842	842	(e) If the Court Support Services Division informs the court that such 709
843	843	person is ineligible for the program and the court makes a determination 710
844	844	of ineligibility or if the program provider certifies to the court that such 711
845	845	person did not successfully complete the assigned program and such 712
846	846	person did not request, or the court denied, reinstatement in the 713
847	847	program under subsection (i) of this section, the court shall order the 714
848	848	court file to be unsealed, enter a plea of not guilty for such person and 715
849	849	immediately place the case on the trial list. 716
850	850	(f) If such person satisfactorily completes the assigned program, such 717
851	851	person may apply for dismissal of the charges against such person and 718
852	852	the court, on reviewing the record of such person's participation in such 719
853	853	program submitted by the Court Support Services Division and on 720
854	854	finding such satisfactory completion, shall dismiss the charges. If such 721
855	855	person does not apply for dismissal of the charges against such person 722
856	856	after satisfactorily completing the assigned program, the court, upon 723
857	857	receipt of the record of such person's participation in such program 724
858	858	submitted by the Court Support Services Division, may on its own 725
859	859	motion make a finding of such satisfactory completion and dismiss the 726
860	860	charges. Upon motion of such person and a showing of good cause, the 727
861	861	court may extend the placement period for a reasonable period of time 728
862	862	to allow such person to complete the assigned program. A record of 729
863	863	participation in such program shall be retained by the Court Support 730
864	864	Services Division for a period of ten years from the date the court grants 731
865	865	the application for participation in the program. 732
866	866	(g) At the time the court grants the application for participation in the 733
867	867	pretrial drug education and community service program, any person 734
868	868	ordered to participate in such drug education program shall pay to the 735
869	869	court a nonrefundable program fee of six hundred dollars. If the court 736
870	870	orders participation in a substance abuse treatment program, such 737 Raised Bill No. 960
871	871
872	872
873	873
874	874	LCO No. 3956 24 of 36
875	875
876	876	person shall pay to the court a nonrefundable program fee of one 738
877	877	hundred dollars and shall be responsible for the costs associated with 739
878	878	such program. No person may be excluded from any such program for 740
879	879	inability to pay such fee or cost, provided (1) such person files with the 741
880	880	court an affidavit of indigency or inability to pay, (2) such indigency or 742
881	881	inability to pay is confirmed by the Court Support Services Division, 743
882	882	and (3) the court enters a finding thereof. The court may waive all or any 744
883	883	portion of such fee depending on such person's ability to pay. If the 745
884	884	court finds that a person is indigent or unable to pay for a substance 746
885	885	abuse treatment program, the costs of such program shall be paid from 747
886	886	the pretrial account established under section 54-56k. If the court denies 748
887	887	the application, such person shall not be required to pay the program 749
888	888	fee. If the court grants the application, and such person is later 750
889	889	determined to be ineligible for participation in such pretrial drug 751
890	890	education and community service program or fails to complete the 752
891	891	assigned program, the program fee shall not be refunded. All program 753
892	892	fees shall be credited to the pretrial account established under section 754
893	893	54-56k. 755
894	894	(h) If a person returns to court with certification from a program 756
895	895	provider that such person did not successfully complete the assigned 757
896	896	program or is no longer amenable to treatment, the provider, to the 758
897	897	extent practicable, shall include a recommendation to the court as to 759
898	898	whether placement in a drug education program or placement in a 760
899	899	substance abuse treatment program would best serve such person's 761
900	900	needs. The provider shall also indicate whether the current program 762
901	901	referral was an initial referral or a reinstatement to the program. 763
902	902	(i) When a person subsequently requests reinstatement into a drug 764
903	903	education program or a substance abuse treatment program and the 765
904	904	Court Support Services Division verifies that such person is eligible for 766
905	905	reinstatement into such program and thereafter the court favorably acts 767
906	906	on such request, any person reinstated into such drug education 768
907	907	program shall pay a nonrefundable program fee of two hundred fifty 769
908	908	dollars, and any person reinstated into a substance abuse treatment 770
909	909	program shall be responsible for the costs, if any, associated with being 771 Raised Bill No. 960
910	910
911	911
912	912
913	913	LCO No. 3956 25 of 36
914	914
915	915	reinstated into the treatment program. Unless good cause is shown, 772
916	916	such program fee shall not be waived. All program fees collected in 773
917	917	connection with a reinstatement to a drug education program shall be 774
918	918	credited to the pretrial account established under section 54-56k. No 775
919	919	person shall be permitted more than two program reinstatements 776
920	920	pursuant to this subsection. 777
921	921	(j) The Department of Mental Health and Addiction Services shall 778
922	922	develop standards and oversee appropriate drug education programs 779
923	923	that it administers to meet the requirements of this section and may 780
924	924	contract with service providers to provide such programs. The 781
925	925	department shall adopt regulations, in accordance with chapter 54, to 782
926	926	establish standards for such drug education programs. 783
927	927	(k) Any person whose employment or residence or schooling makes 784
928	928	it unreasonable to attend a drug education program or substance abuse 785
929	929	treatment program in this state may attend a program in another state 786
930	930	that has standards similar to, or higher than, those of this state, subject 787
931	931	to the approval of the court and payment of the program fee or costs as 788
932	932	provided in this section.] 789
933	933	(a) (1) There is established a pretrial drug intervention and 790
934	934	community service program for persons charged with a violation of 791
935	935	section 21a-267, 21a-279 or 21a-279a. The program shall consist of a 792
936	936	twelve-session drug education component or a substance use treatment 793
937	937	program of not less than fifteen sessions and the performance of 794
938	938	community service, as ordered by the court pursuant to subsection (c) 795
939	939	of this section. 796
940	940	(2) The provisions of this section shall not apply to any person who 797
941	941	has twice previously participated in: 798
942	942	(A) The pretrial drug education program established under the 799
943	943	provisions of this section in effect prior to January 1, 2021; 800
944	944	(B) The community service labor program established under section 801
945	945	53a-39c; 802 Raised Bill No. 960
946	946
947	947
948	948
949	949	LCO No. 3956 26 of 36
950	950
951	951	(C) The pretrial drug intervention and community service program 803
952	952	established under this section; or 804
953	953	(D) Any of such programs, except that the court may allow a person 805
954	954	who has twice previously participated in such programs to participate 806
955	955	in the program established under the provisions of this section one 807
956	956	additional time, for good cause shown. 808
957	957	(b) Upon application for participation in the program: 809
958	958	(1) The court shall, but only as to the public, order the court file 810
959	959	sealed; 811
960	960	(2) The applicant shall pay to the court a nonrefundable application 812
961	961	fee of one hundred dollars and a nonrefundable evaluation fee of one 813
962	962	hundred fifty dollars, both of which shall be credited to the pretrial 814
963	963	account established under section 54-56k; 815
964	964	(3) The applicant shall agree that, if the court grants the application 816
965	965	and places the applicant in the program: 817
966	966	(A) The statute of limitations for any alleged violations for which the 818
967	967	court grants the application for the program shall be tolled; 819
968	968	(B) The applicant waives the right to a speedy trial; 820
969	969	(C) The applicant will begin participation in the components of the 821
970	970	program ordered by the court not later than ninety days after the date 822
971	971	that the court places the applicant in the program, unless the applicant 823
972	972	requests, and the court allows, a later start date; 824
973	973	(D) The applicant will successfully complete any program 825
974	974	components of the program ordered by the court; 826
975	975	(E) The applicant will not engage in any conduct that is inconsistent 827
976	976	with the purposes of this program, including, but not limited to, 828
977	977	engaging in any conduct that would be a violation of section 21a-267, 829
978	978	21a-279 or 21a-279a; and 830 Raised Bill No. 960
979	979
980	980
981	981
982	982	LCO No. 3956 27 of 36
983	983
984	984	(F) Upon completion of participation in the drug education or 831
985	985	substance use treatment component of the program ordered by the 832
986	986	court, the applicant may be required to participate in additional 833
987	987	substance use treatment pursuant to subparagraph (A) of subdivision 834
988	988	(2) of subsection (g) of this section to satisfactorily complete the program 835
989	989	if a program component provider recommends such additional 836
990	990	treatment, the Court Support Services Division deems it appropriate or 837
991	991	the court orders the additional treatment. 838
992	992	(4) (A) The court shall refer the applicant: 839
993	993	(i) To the Court Support Services Division for confirmation of the 840
994	994	eligibility to participate in the program; and 841
995	995	(ii) (I) For the applicant's first or second time applying for the 842
996	996	program established under the provisions of this section or the 843
997	997	community service labor program established under section 53a-39c, to 844
998	998	the Department of Mental Health and Addiction Services for evaluation 845
999	999	and determination of the appropriate drug education or substance use 846
1000	1000	treatment component of the program, or (II) for the applicant's third 847
1001	1001	time participating in the program established under the provisions of 848
1002	1002	this section or the community service labor program established under 849
1003	1003	section 53a-39c, to a state-licensed substance use treatment provider for 850
1004	1004	evaluation and determination of the appropriate substance use 851
1005	1005	treatment component of the program. 852
1006	1006	(B) If the applicant is a veteran, the court may, in the alternative, refer 853
1007	1007	the applicant to the Department of Veterans Affairs or the United States 854
1008	1008	Department of Veterans Affairs, as applicable, for any evaluation and 855
1009	1009	determination required under this subsection. For the purposes of this 856
1010	1010	subsection and subsection (e) of this section, "veteran" means any 857
1011	1011	person who was discharged or released under conditions other than 858
1012	1012	dishonorable from active service in the armed forces, as defined in 859
1013	1013	section 27-103. 860
1014	1014	(c) (1) Upon confirmation of eligibility, receipt of the evaluation and 861
1015	1015	determination required under subparagraph (B) of subdivision (4) of 862 Raised Bill No. 960
1016	1016
1017	1017
1018	1018
1019	1019	LCO No. 3956 28 of 36
1020	1020
1021	1021	subsection (b) of this section, and after consideration of the 863
1022	1022	recommendation of the state's attorney, assistant state's attorney or 864
1023	1023	deputy assistant state's attorney in charge of the case, the court may, in 865
1024	1024	its discretion, grant the application for, and place the applicant in, the 866
1025	1025	pretrial drug intervention and community service program for a period 867
1026	1026	of one year. 868
1027	1027	(2) If the court grants the application and places the applicant in the 869
1028	1028	program: 870
1029	1029	(A) For the first time, the court shall order the applicant to participate 871
1030	1030	in (i) either the drug education or substance use treatment component 872
1031	1031	of the program, as recommended by the evaluation conducted pursuant 873
1032	1032	to subparagraph (B) of subdivision (4) of subsection (b) of this section 874
1033	1033	and determined to be appropriate by the court; and (ii) the community 875
1034	1034	service component for a period of five days; 876
1035	1035	(B) For the second time, the court shall order the applicant to 877
1036	1036	participate in (i) either the drug education or substance use treatment 878
1037	1037	component of the program, as recommended by the evaluation 879
1038	1038	conducted pursuant to subparagraph (B) of subdivision (4) of 880
1039	1039	subsection (b) of this section and determined to be appropriate by the 881
1040	1040	court; and (ii) the community service component for a period of fifteen 882
1041	1041	days; or 883
1042	1042	(C) For the third time, the court shall order the applicant to 884
1043	1043	participate in (i) the substance use treatment component as 885
1044	1044	recommended by the evaluation conducted pursuant to subparagraph 886
1045	1045	(B) of subdivision (4) of subsection (b) of this section and determined to 887
1046	1046	be appropriate by the court; and (ii) the community service component 888
1047	1047	for a period of thirty days. 889
1048	1048	(3) If the Court Support Services Division informs the court that the 890
1049	1049	applicant is not eligible for the program and the court makes a 891
1050	1050	determination of ineligibility, the court shall deny the application, order 892
1051	1051	the court file to be unsealed, enter a plea of not guilty for such person 893
1052	1052	and immediately place the case on the trial list. If the court denies the 894 Raised Bill No. 960
1053	1053
1054	1054
1055	1055
1056	1056	LCO No. 3956 29 of 36
1057	1057
1058	1058	application, the applicant shall not be required to pay any program fee 895
1059	1059	specified in this section. 896
1060	1060	(d) (1) At the time that any person is placed in the program such 897
1061	1061	person shall (A) if ordered to participate in the drug education 898
1062	1062	component, pay to the court a nonrefundable program fee of five 899
1063	1063	hundred dollars, or (B) if ordered to participate in the substance use 900
1064	1064	treatment component, pay to the court a nonrefundable program fee of 901
1065	1065	one hundred dollars and shall also pay to the treatment provider any 902
1066	1066	costs associated with such treatment. All program fees shall be credited 903
1067	1067	to the pretrial account established under section 54-56k. 904
1068	1068	(2) (A) No person may be excluded from any component of the 905
1069	1069	program because such person is indigent and unable to pay the 906
1070	1070	associated fee or cost, provided (i) such person files with the court an 907
1071	1071	affidavit of indigency, and (ii) the court enters a finding of such 908
1072	1072	indigency. 909
1073	1073	(B) If the court finds that a person is indigent and unable to pay for 910
1074	1074	the program application or the evaluation component of the program, 911
1075	1075	the court may waive all or any portion of these fees. 912
1076	1076	(C) If the court finds that a person is indigent and unable to pay for 913
1077	1077	the drug education component of the program, the court may waive all 914
1078	1078	or any portion of the program fee for that component. 915
1079	1079	(D) If the court finds that a person is indigent and unable to pay for 916
1080	1080	the substance use treatment component of the program, the court may 917
1081	1081	waive all or any portion of the program fee for that component and the 918
1082	1082	costs of such treatment. Any costs waived under this subparagraph shall 919
1083	1083	be paid from the pretrial account established under section 54-56k. 920
1084	1084	(e) (1) The Court Support Services Division shall (A) refer any person 921
1085	1085	placed in the program to the Department of Mental Health and 922
1086	1086	Addiction Services or to a state-licensed substance use treatment 923
1087	1087	provider with facilities that are in compliance with all state standards 924
1088	1088	governing the operation of such facilities, as appropriate, for the 925 Raised Bill No. 960
1089	1089
1090	1090
1091	1091
1092	1092	LCO No. 3956 30 of 36
1093	1093
1094	1094	purpose of receiving the drug education or substance use treatment 926
1095	1095	component services ordered by the court, and (B) supervise such 927
1096	1096	person's participation in the applicable community service component 928
1097	1097	ordered by the court. 929
1098	1098	(2) If any person placed in the program is a veteran, the Court 930
1099	1099	Support Services Division may refer such person to the Department of 931
1100	1100	Veterans Affairs or the United States Department of Veterans Affairs, 932
1101	1101	instead of the Department of Mental Health and Addiction Services or 933
1102	1102	a state-licensed substance use treatment provider, for the applicable 934
1103	1103	drug education or substance use treatment component ordered by the 935
1104	1104	court if (A) the division determines that services for such component 936
1105	1105	will be provided in a timely manner under standards substantially 937
1106	1106	similar to, or higher than, standards for services provided by the 938
1107	1107	Department of Mental Health and Addiction Services or a state-licensed 939
1108	1108	substance use treatment provider, and (B) the applicable department 940
1109	1109	agrees to submit timely component participation and completion 941
1110	1110	reports to the division in the manner required by the division. 942
1111	1111	(3) The Court Support Services Division may allow any person placed 943
1112	1112	in the program whose employment, residence or schooling makes it 944
1113	1113	unreasonable to participate in any component of the program ordered 945
1114	1114	by the court in this state to satisfy the applicable program components 946
1115	1115	in another state if (A) the out-of-state component provider has standards 947
1116	1116	substantially similar to, or higher than, those of this state, (B) for any 948
1117	1117	substance use treatment component, the out-of-state substance use 949
1118	1118	treatment provider is licensed by the state in which treatment will be 950
1119	1119	provided, (C) the person allowed to satisfy the components of the 951
1120	1120	program in another state pays the applicable program fee and costs 952
1121	1121	provided in this section, and (D) the court approves the out-of-state 953
1122	1122	referral. 954
1123	1123	(f) The Department of Mental Health and Addiction Services shall 955
1124	1124	administer the drug education component of the program and shall 956
1125	1125	adopt regulations, in accordance with the provisions of chapter 54, to 957
1126	1126	establish standards for such drug education component. The 958 Raised Bill No. 960
1127	1127
1128	1128
1129	1129
1130	1130	LCO No. 3956 31 of 36
1131	1131
1132	1132	department may combine the services for the drug education 959
1133	1133	component under the provisions of this section with the services for the 960
1134	1134	alcohol education component under the provisions of section 54-56g, as 961
1135	1135	amended by this act, if necessary to ensure the appropriate and timely 962
1136	1136	access to the court ordered education components. The department may 963
1137	1137	contract with service providers to provide the appropriate drug and 964
1138	1138	alcohol education components in accordance with the provisions of this 965
1139	1139	section. 966
1140	1140	(g) (1) All program component providers shall provide the Court 967
1141	1141	Support Services Division with a certification regarding the 968
1142	1142	participation of each person referred to such provider pursuant to this 969
1143	1143	section in the manner required by the Court Support Services Division. 970
1144	1144	(A) If such person has successfully completed the applicable program 971
1145	1145	component, the certification shall indicate such successful completion 972
1146	1146	and state whether additional substance use treatment is recommended. 973
1147	1147	(B) If such person has failed to successfully complete the applicable 974
1148	1148	program component, the certification shall indicate the reasons for such 975
1149	1149	failure, whether the person is no longer amenable to education or 976
1150	1150	treatment and whether the current referral was an initial referral or a 977
1151	1151	reinstatement into the program component. The certification of failure 978
1152	1152	shall also, to the extent practicable, include a recommendation as to 979
1153	1153	whether an alternative drug education or substance use treatment 980
1154	1154	component would best serve such person's needs. 981
1155	1155	(2) Upon receipt of a participation certification from any program 982
1156	1156	component provider pursuant to this subsection, the Court Support 983
1157	1157	Services Division (A) may, if the certification indicates that a person who 984
1158	1158	was placed in the program successfully completed the drug education 985
1159	1159	or substance use treatment component ordered by the court, but the 986
1160	1160	program component provider recommends additional substance use 987
1161	1161	treatment for such person and the Court Support Services Division 988
1162	1162	deems such additional treatment appropriate, require such person to 989
1163	1163	participate in the recommended additional substance use treatment in 990
1164	1164	order to satisfactorily complete the pretrial drug intervention and 991
1165	1165	community service program, and (B) shall provide the court with a final 992 Raised Bill No. 960
1166	1166
1167	1167
1168	1168
1169	1169	LCO No. 3956 32 of 36
1170	1170
1171	1171	progress report indicating whether such person has successfully 993
1172	1172	completed any components of the program ordered by the court and 994
1173	1173	whether the Court Support Services Division required such person to 995
1174	1174	participate in any additional substance use treatment after successful 996
1175	1175	completion of the program component initially ordered by the court. 997
1176	1176	The final progress report shall include any other information obtained 998
1177	1177	during the supervision of such person relevant to such person's 999
1178	1178	participation in the program. 1000
1179	1179	(h) (1) If any person placed in the program successfully completes all 1001
1180	1180	components of the program ordered by the court and any additional 1002
1181	1181	substance use treatment required by the Court Support Services 1003
1182	1182	Division and has paid all fees or costs required under the provisions of 1004
1183	1183	this section, at the conclusion of such person's period of participation in 1005
1184	1184	the program, such person may apply for dismissal of the charges against 1006
1185	1185	such person. Upon application, the court shall review the final progress 1007
1186	1186	report submitted by the Court Support Services Division regarding such 1008
1187	1187	person and any other relevant information, including whether such 1009
1188	1188	person has paid all fees or costs required under the provisions of this 1010
1189	1189	section. If the court finds that such person has satisfactorily completed 1011
1190	1190	the pretrial drug intervention and community service program, the 1012
1191	1191	court shall dismiss the charges, unless such person has not paid all fees 1013
1192	1192	or costs required under the provisions of this section, in which case, the 1014
1193	1193	court shall either continue the case until such fees or costs are paid or 1015
1194	1194	waive any outstanding fees or costs prior to dismissing the charges. 1016
1195	1195	(2) If any person who has successfully completed all components of 1017
1196	1196	the program ordered by the court and any additional substance use 1018
1197	1197	treatment required by the Court Support Services Division does not 1019
1198	1198	apply for dismissal of the charges against such person at the conclusion 1020
1199	1199	of such person's period of participation in the program, the court, upon 1021
1200	1200	review of the final progress report regarding such person submitted by 1022
1201	1201	the Court Support Services Division and any other relevant information, 1023
1202	1202	including whether such person has paid all fees or costs required under 1024
1203	1203	the provisions of this section, may, on its own motion, make a finding 1025
1204	1204	of satisfactory completion of the pretrial drug intervention and 1026 Raised Bill No. 960
1205	1205
1206	1206
1207	1207
1208	1208	LCO No. 3956 33 of 36
1209	1209
1210	1210	community service program and dismiss the charges. If the court 1027
1211	1211	determines that such person has not paid all fees or costs required under 1028
1212	1212	the provisions of this section, such court shall either not dismiss the 1029
1213	1213	charges on its own motion until such fees or costs are paid or waive any 1030
1214	1214	outstanding fees or costs prior to dismissing the charges. 1031
1215	1215	(3) Upon the motion of any person placed in the program and a 1032
1216	1216	showing of good cause, the court may extend the program placement 1033
1217	1217	period for a reasonable period of time to allow such person to complete 1034
1218	1218	the applicable program components. 1035
1219	1219	(i) If the final progress report submitted by the Court Support 1036
1220	1220	Services Division indicates that any person placed in the program has 1037
1221	1221	failed to successfully complete any component of the program ordered 1038
1222	1222	by the court or is no longer amenable to treatment or, upon review of 1039
1223	1223	any other relevant information, the court finds that any person placed 1040
1224	1224	in the program is otherwise ineligible to continue participating in the 1041
1225	1225	program, the court shall terminate such person's participation in the 1042
1226	1226	program. No program fees shall be refunded to any person whose 1043
1227	1227	participation in the program is terminated. Unless such person requests, 1044
1228	1228	and the court grants, reinstatement into the program pursuant to 1045
1229	1229	subsection (j) of this section, the court shall order the court file to be 1046
1230	1230	unsealed, enter a plea of not guilty for such person and immediately 1047
1231	1231	place the case on the trial list. 1048
1232	1232	(j) (1) Any person who fails to successfully complete any component 1049
1233	1233	of the program ordered by the court or whom the court finds to be 1050
1234	1234	otherwise ineligible to continue participating in the program may ask 1051
1235	1235	the court to reinstate such person into the program up to two times. 1052
1236	1236	(2) If a person requests reinstatement into the program, the Court 1053
1237	1237	Support Services Division shall verify that such person is eligible for 1054
1238	1238	such reinstatement. 1055
1239	1239	(3) If a person requesting reinstatement into the program is eligible 1056
1240	1240	for reinstatement, the court shall review any final progress report 1057
1241	1241	submitted by the Court Support Services Division regarding such 1058 Raised Bill No. 960
1242	1242
1243	1243
1244	1244
1245	1245	LCO No. 3956 34 of 36
1246	1246
1247	1247	person's failure to complete any program components initially ordered 1059
1248	1248	and any other relevant information, and may, in its discretion, grant 1060
1249	1249	such person reinstatement into the program. When granting such 1061
1250	1250	reinstatement, the court shall order the defendant to participate in the 1062
1251	1251	appropriate drug education, substance use treatment or community 1063
1252	1252	service component of the program in accordance with subdivision (2) of 1064
1253	1253	subsection (c) of this section. 1065
1254	1254	(4) (A) Any person reinstated into the program shall pay (i) a 1066
1255	1255	nonrefundable program fee of two hundred fifty dollars if ordered to 1067
1256	1256	participate in the drug education component of the program, or (ii) the 1068
1257	1257	costs of any substance use treatment if ordered to participate in the 1069
1258	1258	substance use treatment component of the program. 1070
1259	1259	(B) Unless good cause is shown, the court shall not waive the 1071
1260	1260	program fee or the costs of substance use treatment associated with 1072
1261	1261	reinstatement into the program. 1073
1262	1262	(C) All program fees collected in connection with a reinstatement to 1074
1263	1263	the program shall be credited to the pretrial account established under 1075
1264	1264	section 54-56k. 1076
1265	1265	(k) (1) If any person applies for both the pretrial drug intervention 1077
1266	1266	and community service program under the provisions of this section 1078
1267	1267	and the pretrial alcohol education program pursuant to section 54-56g, 1079
1268	1268	as amended by this act, for charges arising from the same arrest, and the 1080
1269	1269	Department of Mental Health and Addiction Services has already 1081
1270	1270	completed the required evaluation and determination of the 1082
1271	1271	appropriate alcohol education or substance use treatment component 1083
1272	1272	pursuant to section 54-56g, as amended by this act, the court may rely 1084
1273	1273	on such evaluation and determination for the purposes of ordering 1085
1274	1274	participation in the drug education or substance use treatment 1086
1275	1275	component of the program under the provisions of this section. If the 1087
1276	1276	court relies on such evaluation and determination, such person shall not 1088
1277	1277	be required to pay the evaluation fee under the provisions of 1089
1278	1278	subdivision (2) of subsection (b) of this section, provided such person 1090 Raised Bill No. 960
1279	1279
1280	1280
1281	1281
1282	1282	LCO No. 3956 35 of 36
1283	1283
1284	1284	has paid, or the court has waived, the evaluation fee pursuant to section 1091
1285	1285	54-56g, as amended by this act. 1092
1286	1286	(2) If any person is placed in both the pretrial drug intervention and 1093
1287	1287	community service program under the provisions of this section and the 1094
1288	1288	pretrial alcohol intervention program pursuant to section 54-56g, as 1095
1289	1289	amended by this act, for charges arising from the same arrest, the court 1096
1290	1290	may find that (A) such person's successful completion of the alcohol 1097
1291	1291	education component of the pretrial alcohol intervention program 1098
1292	1292	pursuant to section 54-56g, as amended by this act, satisfies such 1099
1293	1293	person's required participation in the drug education component of the 1100
1294	1294	pretrial drug intervention and community service program under the 1101
1295	1295	provisions of this section; and (B) such person's successful completion 1102
1296	1296	of the substance use treatment component of the alcohol intervention 1103
1297	1297	program pursuant to section 54-56g, as amended by this act, shall count 1104
1298	1298	as such person's successful completion of the substance use treatment 1105
1299	1299	component of the drug intervention and community service program 1106
1300	1300	under the provisions of this section. 1107
1301	1301	(3) Nothing in this subsection shall relieve any person placed in both 1108
1302	1302	the pretrial drug intervention and community service program 1109
1303	1303	pursuant to this section and the pretrial alcohol intervention program 1110
1304	1304	pursuant to section 54-56g, as amended by this act, of charges arising 1111
1305	1305	from the same arrest from the requirement to participate in (A) the 1112
1306	1306	community service component of the pretrial drug intervention and 1113
1307	1307	community service program under the provisions of this section, in 1114
1308	1308	order to satisfactorily complete the pretrial drug intervention and 1115
1309	1309	community service program, or (B) the victim impact component of the 1116
1310	1310	pretrial alcohol intervention program, if ordered by the court pursuant 1117
1311	1311	to section 54-56g, as amended by this act, in order to satisfactorily 1118
1312	1312	complete the pretrial alcohol intervention program; and 1119
1313	1313	(4) Nothing in this subsection shall affect any person's eligibility for 1120
1314	1314	participation in the pretrial alcohol intervention program pursuant to 1121
1315	1315	section 54-56g, as amended by this act, if such person is placed in the 1122
1316	1316	pretrial drug intervention and community service program pursuant to 1123 Raised Bill No. 960
1317	1317
1318	1318
1319	1319
1320	1320	LCO No. 3956 36 of 36
1321	1321
1322	1322	the provisions of this section independent of a concurrent application 1124
1323	1323	for and placement in the pretrial alcohol intervention program for 1125
1324	1324	charges arising from the same arrest. 1126
1325	1325	(l) The Court Support Services Division shall retain a record of 1127
1326	1326	participation in the pretrial drug intervention and community service 1128
1327	1327	program for a period of ten years from the date the court grants the 1129
1328	1328	application for, and places the applicant in, the program pursuant to the 1130
1329	1329	provisions of this section. 1131
1330	1330	This act shall take effect as follows and shall amend the following
1331	1331	sections:
1332	1332
1333	1333	Section 1 October 1, 2021 54-56g
1334	1334	Sec. 2 October 1, 2021 54-56i
1335	1335
1336	1336	Statement of Purpose:
1337	1337	To make changes to the pretrial alcohol education program and pretrial
1338	1338	drug intervention and community service program to address access
1339	1339	issues, standardize education and treatment session numbers, raise fees
1340	1340	and address program costs and eliminate stigmatizing language.
1341	1341	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1342	1342	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1343	1343	underlined.]
1344	1344