LCO No. 3017 1 of 27
General Assembly Raised Bill No. 5500
February Session, 2024
LCO No. 3017
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING REVISIONS TO VARIOUS LAWS
CONCERNING JUROR COMPENSATION, THE DEPARTMENT OF
CORRECTION AND CRIMINAL LAW AND CRIMINAL PROCEDURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 51-247 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2024): 2
(a) Each full-time employed juror shall be paid regular wages by the 3
juror's employer for the first five days, or part thereof, of jury service. 4
Such payment shall be subject to the requirements of section 31-71b and 5
any employer who violates this section shall be subject to the provisions 6
of sections 31-71g and 31-72. A person shall not be considered a full-time 7
employed juror on any day of jury service in which such person (1) 8
would not have accrued regular wages to be paid by the employer if 9
such person were not serving as a juror on that day, or (2) would not 10
have worked more than one-half of a shift which extends into another 11
day if such person were not serving as a juror on that day. Each part-12
time employed or unemployed juror who has no source of 13
compensation for the first five days of jury service shall receive a flat fee 14 Raised Bill No. 5500
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equal to the minimum fair wage, as defined in section 31-58, in effect on 15
the days of jury service, based on an eight-hour day. Each juror not 16
considered a full-time employed juror on a particular day of jury service 17
pursuant to subdivision (1) or (2) of this subsection shall be reimbursed 18
by the state for necessary out-of-pocket expenses incurred during that 19
day of jury service. [, provided such day of service is within the first five 20
days, or part thereof, of jury service.] Each part-time employed juror and 21
unemployed juror shall be reimbursed by the state for necessary out-of-22
pocket expenses incurred during the first five days, or part thereof, of 23
jury service. Necessary out-of-pocket expenses shall include, but not be 24
limited to, [twenty cents] family care at a rate established by the Jury 25
Administrator under subsection (b) of this section and travel expenses, 26
based on the privately owned vehicle mileage reimbursement rate 27
established by the federal General Services Administration, for each 28
mile of travel from the juror's place of residence to the place of holding 29
the court and return, and shall exclude food. The mileage shall be 30
determined by the shortest direct route either by highway or by any 31
regular line of conveyance between the points. A reimbursement award 32
under this subsection for each day of service shall not be less than 33
twenty dollars or more than [fifty dollars] the minimum fair wage, as 34
defined in section 31-58, in effect on the days of jury service, based on 35
an eight-hour day. For the purposes of this subsection, "full-time 36
employed juror" means an employee holding a position normally 37
requiring thirty hours or more of service in each week, which position 38
is neither temporary nor casual, and includes an employee holding a 39
position through a temporary help service, as defined in section 31-129, 40
which position normally requires thirty hours or more of service in each 41
week, who has been working in that position for a period exceeding 42
ninety days, and "part-time employed juror" means an employee 43
holding a position normally requiring less than thirty hours of service 44
in each week or an employee working on a temporary or casual basis. 45
In the event that a juror may be considered to be both a full-time 46
employed juror and a part-time employed juror for any day of the first 47
five days, or part thereof, of jury service, such juror shall, for the 48
purposes of this section, be considered to be a full-time employed juror 49 Raised Bill No. 5500
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only. 50
(b) The Jury Administrator shall establish guidelines for 51
reimbursement of expenses pursuant to this section. 52
(c) Each juror who serves more than five days who is not paid by such 53
juror's employer after the fifth day shall be paid by the state for the sixth 54
day and each day thereafter [at a rate of fifty dollars] a flat fee equal to 55
the minimum fair wage, as defined in section 31-58, in effect on the days 56
of jury service, based on an eight-hour day, per day of service. A juror 57
receiving payment under this subsection shall not be entitled to any 58
additional reimbursement. An unemployed or part-time employed 59
juror who serves more than five days shall also be entitled to family care 60
and travel expenses paid at the rate specified in subsection (a) of this 61
section and subject to the guidelines established in subsection (b) of this 62
section. 63
Sec. 2. Subsection (c) of section 29-38c of the 2024 supplement to the 64
general statutes is repealed and the following is substituted in lieu 65
thereof (Effective October 1, 2024): 66
(c) A risk protection order issued under subsection (a) of this section, 67
may issue only on an affidavit sworn to by the complainant establishing 68
the grounds for issuing the order. A risk warrant issued under 69
subsection (a) of this section may issue only on an affidavit sworn to by 70
the complainant before the judge establishing the grounds for issuing 71
the warrant. Any such affidavit shall be part of the court file. In 72
determining whether there is probable cause for a risk protection order 73
and warrant, if applicable, under subsection (a) of this section, the judge 74
shall consider: (1) Recent threats or acts of violence by such person 75
directed toward other persons; (2) recent threats or acts of violence by 76
such person directed toward such person's self; and (3) recent acts of 77
cruelty to animals as provided in subsection (b) of section 53-247 by such 78
person. In evaluating whether such recent threats or acts of violence 79
constitute probable cause to believe that such person poses a risk of 80
imminent personal injury to such person's self or to others, the judge 81 Raised Bill No. 5500
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may consider other factors including, but not limited to (A) the reckless 82
use, display or brandishing of a firearm or other deadly weapon by such 83
person, (B) a history of the use, attempted use or threatened use of 84
physical force by such person against other persons, (C) prior 85
involuntary confinement of such person in a hospital for persons with 86
psychiatric disabilities, and (D) the illegal use of controlled substances 87
or abuse of alcohol by such person. In the case of a complaint made 88
under subsection (a) of this section, if the judge is satisfied that the 89
grounds for the complaint exist or that there is probable cause to believe 90
that such grounds exist, such judge shall issue a risk protection order 91
and warrant, if applicable, naming or describing the person, and, in the 92
case of the issuance of a warrant, the place or thing to be searched. The 93
order and warrant, if applicable, shall be directed to any police officer 94
of a regularly organized police department or any state police officer. 95
The order and warrant, if applicable, shall state the grounds or probable 96
cause for issuance and, in the case of a warrant, the warrant shall 97
command the officer to search within a reasonable time the person, 98
place or thing named for any and all firearms and other deadly weapons 99
and ammunition. A copy of the order and warrant, if applicable, shall 100
be served upon the person named in the order not later than three days 101
prior to the hearing scheduled pursuant to subsection (e) of this section, 102
together with a notice informing the person that such person has the 103
right to a hearing under this section, the telephone number for the court 104
clerk who can inform the person of the date and time of such hearing 105
and the right to be represented by counsel at such hearing. If the person 106
is unable to afford counsel and is represented by a public defender or 107
an assigned counsel in a pending criminal proceeding in a court in this 108
state, counsel shall be appointed on behalf of such person if determined 109
to be eligible under the provisions of chapter 887 for purposes of in-110
court proceedings pursuant to this section. 111
Sec. 3. Section 54-56l of the general statutes is repealed and the 112
following is substituted in lieu thereof (Effective October 1, 2024): 113
(a) There shall be a supervised diversionary program for persons 114
with psychiatric disabilities, persons with intellectual disabilities, 115 Raised Bill No. 5500
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persons with autism spectrum disorder or persons who are veterans, 116
who are accused of a crime or crimes or a motor vehicle violation or 117
violations for which a sentence to a term of imprisonment may be 118
imposed, which crimes or violations are not of a serious nature. For the 119
purposes of this section, (1) "psychiatric disability" means a mental or 120
emotional condition, other than solely substance abuse, that (A) has 121
substantial adverse effects on the defendant's ability to function, and (B) 122
requires care and treatment, (2) "autism spectrum disorder" has the 123
same meaning as provided in section 17a-215f, and [(2)] (3) "veteran" 124
means a veteran, as defined in section 27-103, who is found, pursuant to 125
subsection (d) of this section, to have a mental health condition that is 126
amenable to treatment. 127
(b) A person shall be ineligible to participate in such supervised 128
diversionary program if such person (1) is ineligible to participate in the 129
pretrial program for accelerated rehabilitation under subsection (c) of 130
section 54-56e, except if a person's ineligibility is based on the person's 131
being eligible for the pretrial family violence education program 132
established under section 46b-38c, the court may permit such person to 133
participate in the supervised diversionary program if it finds that the 134
supervised diversionary program is the more appropriate program 135
under the circumstances of the case, or (2) has twice previously 136
participated in such supervised diversionary program. 137
(c) Upon application by any such person for participation in such 138
program, the court shall, but only as to the public, order the court file 139
sealed, provided such person states under oath, in open court or before 140
any person designated by the clerk and duly authorized to administer 141
oaths, under penalties of perjury, that such person has not had such 142
program invoked in such person's behalf more than once. Court 143
personnel shall provide notice, on a form prescribed by the Office of the 144
Chief Court Administrator, to any victim of such crime or motor vehicle 145
violation, by registered or certified mail, that such person has applied to 146
participate in the program and that such victim has an opportunity to 147
be heard by the court on the matter. 148 Raised Bill No. 5500
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(d) The court shall refer such person to the Court Support Services 149
Division for confirmation of eligibility and assessment of the person's 150
mental health condition, intellectual disability or autism spectrum 151
disorder. The prosecuting attorney shall provide the division with a 152
copy of the police report in the case to assist the division in its 153
assessment. The division shall determine if the person is amenable to 154
treatment and if appropriate community supervision, treatment and 155
services are available. If such assessment is for an intellectual disability 156
or autism spectrum disorder, the Department of Developmental 157
Services, the Department of Social Services or the Department of Mental 158
Health and Addiction Services shall assist the division in conducting 159
such assessment and identifying appropriate treatment and services. If 160
the division determines that the person is amenable to treatment and 161
that appropriate community supervision, treatment and services are 162
available, the division shall develop a treatment plan tailored to the 163
person and shall present the treatment plan to the court. 164
(e) Upon confirmation of eligibility and consideration of the 165
treatment plan presented by the Court Support Services Division, the 166
court may grant the application for participation in the program. If the 167
court grants the application, such person shall be referred to the 168
division. [The division may collaborate with the Department of Mental 169
Health and Addiction Services, the Department of Veterans Affairs or 170
the United States Department of Veterans Affairs, as applicable, to place 171
such person in a program that provides appropriate community 172
supervision, treatment and services.] The person shall be subject to the 173
supervision of a probation officer who has a reduced caseload and 174
specialized training in working with persons with psychiatric 175
disabilities, intellectual disabilities and autism spectrum disorder. 176
(f) The Court Support Services Division shall establish policies and 177
procedures to require division employees to notify any victim of the 178
person admitted to the program of any conditions ordered by the court 179
that directly affect the victim and of such person's scheduled court 180
appearances with respect to the case. 181 Raised Bill No. 5500
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(g) Any person who enters the program shall agree: (1) To the tolling 182
of the statute of limitations with respect to such crime or violation; (2) 183
to a waiver of such person's right to a speedy trial; and (3) to any 184
conditions that may be established by the division concerning 185
participation in the supervised diversionary program including 186
conditions concerning participation in meetings or sessions of the 187
program. 188
(h) If the Court Support Services Division informs the court that such 189
person is ineligible for the program and the court makes a determination 190
of ineligibility or if the division certifies to the court that such person 191
did not successfully complete the assigned program, the court shall 192
order the court file to be unsealed, enter a plea of not guilty for such 193
person and immediately place the case on the trial list. 194
(i) If such person satisfactorily completes the assigned program, such 195
person may apply for dismissal of the charges against such person and 196
the court, on reviewing the record of such person's participation in such 197
program submitted by the Court Support Services Division and on 198
finding such satisfactory completion, shall dismiss the charges. If such 199
person does not apply for dismissal of the charges against such person 200
after satisfactorily completing the assigned program, the court, upon 201
receipt of the record of such person's participation in such program 202
submitted by the Court Support Services Division, may on its own 203
motion make a finding of such satisfactory completion and dismiss the 204
charges. Except as provided in subsection (j) of this section, upon 205
dismissal, all records of such charges shall be erased pursuant to section 206
54-142a. An order of the court denying a motion to dismiss the charges 207
against a person who has completed such person's period of probation 208
or supervision or terminating the participation of a person in such 209
program shall be a final judgment for purposes of appeal. 210
(j) The Court Support Services Division shall develop and maintain a 211
database of information concerning persons admitted to the supervised 212
diversionary program that shall be available to the state police and 213
organized local police departments for use by sworn police officers 214 Raised Bill No. 5500
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when responding to incidents involving such persons. Such information 215
shall include the person's name, date of birth, Social Security number, 216
the violation or violations with which the person was charged, the dates 217
of program participation and whether a deadly weapon or dangerous 218
instrument was involved in the violation or violations for which the 219
program was granted. The division shall enter such information in the 220
database upon such person's entry into the program, update such 221
information as necessary and retain such information for a period of five 222
years after the date of such person's entry into the program. 223
(k) The Court Support Services Division, [in consultation] may 224
consult with the Department of Mental Health and Addiction Services, 225
[shall] the Department of Veterans Affairs or the United States 226
Department of Veterans Affairs, and Department of Developmental 227
Services to develop standards and oversee appropriate treatment 228
programs to meet the requirements of this section and may contract 229
with service providers to provide such programs. 230
(l) The Court Support Services Division shall retain the police report 231
provided to it by the prosecuting attorney and the record of supervision 232
including the dates of supervision and shall provide such information 233
to the court, prosecuting attorney and defense counsel whenever a court 234
is considering whether to grant an application by such person for 235
participation in the supervised diversionary program for a second time. 236
Sec. 4. Section 14-227b of the general statutes is repealed and the 237
following is substituted in lieu thereof (Effective October 1, 2024): 238
(a) Any person who operates a motor vehicle in this state shall be 239
deemed to have given such person's consent to: (1) A chemical test of 240
such person's blood, breath or urine; and (2) a nontestimonial portion of 241
a drug influence evaluation conducted by a drug recognition expert. If 242
such person is a minor, such person's parent or parents or guardian shall 243
also be deemed to have given their consent for such test or evaluation. 244
As used in this section, "motor vehicle" includes a snowmobile and all-245
terrain vehicle, as such terms are defined in section 14-379. 246 Raised Bill No. 5500
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(b) (1) A police officer who has placed a person under arrest for a 247
violation of section 14-227a, 14-227m or subdivision (1) or (2) of 248
subsection (a) of section 14-227n may request that such person submit 249
to a blood, breath or urine test at the option of the police officer, a drug 250
influence evaluation conducted by a drug recognition expert, or both, 251
after such person has been (A) apprised of such person's constitutional 252
rights; (B) afforded a reasonable opportunity to telephone an attorney 253
prior to the performance of such test or evaluation; (C) informed that 254
evidence of any refusal to submit to such test or evaluation shall be 255
admissible in accordance with subsection (e) of section 14-227a and may 256
be used against such person in any criminal prosecution, except that 257
refusal to submit to the testimonial portions of a drug influence 258
evaluation shall not be considered evidence of refusal of such evaluation 259
for purposes of any criminal prosecution; and (D) informed that such 260
person's license or operating privilege may be suspended in accordance 261
with the provisions of this section if (i) such person refuses to submit to 262
such test or the nontestimonial portion of a drug influence evaluation, 263
(ii) such person submits to such test and the results of such test indicate 264
that such person has an elevated blood alcohol content, or (iii) the officer 265
concludes, through investigation, that such person was operating a 266
motor vehicle under the influence of intoxicating liquor or any drug, or 267
both. 268
(2) If the person refuses to submit to any test or drug influence 269
evaluation, the test or evaluation shall not be given, except if the person 270
refuses or is unable to submit to a blood test, the police officer shall 271
designate another test to be taken. If a person submits to a breath test 272
and the police officer, for reasonable cause, requests an additional 273
chemical test of a different type to detect the presence of a drug or drugs 274
other than or in addition to alcohol, the officer may administer such test, 275
except that if such person refuses or is unable to submit to a blood test, 276
the officer shall designate a urine test to be taken. The police officer shall 277
make a notation upon the records of the law enforcement unit, as 278
defined in section 7-294a, that such officer informed the person that such 279
person's license or operating privilege may be suspended if (A) such 280 Raised Bill No. 5500
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person refused to submit to such test or nontestimonial portion of a drug 281
influence evaluation; (B) such person submitted to such test and the 282
results of such test indicated that such person had an elevated blood 283
alcohol content; or (C) the officer concludes, through investigation, that 284
such person was operating a motor vehicle under the influence of 285
intoxicating liquor or any drug, or both. 286
(c) If the person arrested refuses to submit to such test or 287
nontestimonial portion of a drug influence evaluation or submits to such 288
test, commenced within two hours of the time of operation, and the 289
results of such test indicate that such person has an elevated blood 290
alcohol content, the police officer, acting on behalf of the Commissioner 291
of Motor Vehicles, shall immediately revoke and take possession of the 292
motor vehicle operator's license or, if such person is not licensed or is a 293
nonresident, suspend the operating privilege of such person, for a 294
twenty-four-hour period. The police officer shall prepare a report of the 295
incident and shall mail or otherwise transmit in accordance with this 296
subsection the report and a copy of the results of any chemical test to 297
the Department of Motor Vehicles within three business days. The 298
report shall contain such information as prescribed by the 299
Commissioner of Motor Vehicles and shall be subscribed and sworn to 300
under penalty of false statement as provided in section 53a-157b by the 301
arresting officer. If the person arrested refused to submit to such test or 302
evaluation, the report shall be endorsed by a third person who 303
witnessed such refusal. The report shall set forth the grounds for the 304
officer's belief that there was probable cause to arrest such person for a 305
violation of section 14-227a or 14-227m or subdivision (1) or (2) of 306
subsection (a) of section 14-227n and shall state that such person had 307
refused to submit to such test or evaluation when requested by such 308
police officer to do so or that such person submitted to such test, 309
commenced within two hours of the time of operation, and the results 310
of such test indicated that such person had an elevated blood alcohol 311
content. A drug influence evaluation need not be commenced within 312
two hours of the time of operation. The Commissioner of Motor Vehicles 313
may accept a police report under this subsection that is prepared and 314 Raised Bill No. 5500
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transmitted as an electronic record, including electronic signature or 315
signatures, subject to such security procedures as the commissioner may 316
specify and in accordance with the provisions of sections 1-266 to 1-286, 317
inclusive. In any hearing conducted pursuant to the provisions of 318
subsection (g) of this section, it shall not be a ground for objection to the 319
admissibility of a police report that it is an electronic record prepared by 320
electronic means. 321
(d) If a police officer who has placed a person under arrest for a 322
violation of section 14-227a or 14-227m or subdivision (1) or (2) of 323
subsection (a) of section 14-227n does not request that such person 324
submit to a blood, breath or urine test under subsection (b) of this 325
section, or obtains results from a test administered under subsection (b) 326
of this section that indicate that the person does not have an elevated 327
blood alcohol content, such officer shall: 328
(1) Advise such person that such person's license or operating 329
privilege may be suspended in accordance with the provisions of this 330
section if such police officer concludes, through investigation, that such 331
person was operating a motor vehicle under the influence of 332
intoxicating liquor or any drug, or both; and 333
(2) Submit a report to the commissioner in accordance with the 334
procedure set forth in subsection (c) of this section and, if such report 335
contains the results of a blood, breath or urine test that does not show 336
an elevated blood alcohol content, such report shall conform to the 337
requirements in subsection (c) of this section for reports that contain 338
results showing an elevated blood alcohol content. In any report 339
submitted under this subdivision, the officer shall document (A) the 340
basis for the officer's belief that there was probable cause to arrest such 341
person for a violation of section 14-227a or 14-227m or subdivision (1) 342
or (2) of subsection (a) of section 14-227n, and (B) whether the officer 343
concluded, through investigation, that the person was operating a 344
motor vehicle under the influence of intoxicating liquor or any drug, or 345
both. With such report, the officer may submit other supporting 346
documentation indicating the person's intoxication by liquor or any 347 Raised Bill No. 5500
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drug, or both. If the officer concludes, through investigation, that the 348
person was operating a motor vehicle under the influence of 349
intoxicating liquor or any drug, or both, the officer shall immediately 350
revoke and take possession of the motor vehicle operator's license or, if 351
such person is not licensed or is a nonresident, suspend the operating 352
privilege of such person for a twenty-four-hour period. 353
(e) (1) Except as provided in subdivision (2) of this subsection, upon 354
receipt of a report submitted under subsection (c) or (d) of this section, 355
the commissioner may suspend any operator's license or operating 356
privilege of such person effective as of a date certain, which date certain 357
shall be not later than thirty days from the later of the date such person 358
received (A) notice of such person's arrest by the police officer, or (B) the 359
results of a blood or urine test or a drug influence evaluation. Any 360
person whose operator's license or operating privilege has been 361
suspended in accordance with this subdivision shall automatically be 362
entitled to a hearing before the commissioner to be held in accordance 363
with the provisions of chapter 54 and prior to the effective date of the 364
suspension. The commissioner shall send a suspension notice to such 365
person informing such person that such person's operator's license or 366
operating privilege is suspended as of a date certain and that such 367
person is entitled to a hearing prior to the effective date of the 368
suspension and may schedule such hearing by contacting the 369
Department of Motor Vehicles not later than seven days after the date 370
of mailing of such suspension notice. 371
(2) Upon receipt of a report that (A) the person's arrest involved an 372
accident resulting in a fatality, or (B) the person has previously had such 373
person's operator's license or operating privilege suspended under the 374
provisions of section 14-227a, 14-227m or 14-227n during the ten-year 375
period preceding the present arrest, the commissioner may suspend any 376
operator's license or operating privilege of such person effective as of 377
the date specified in a notice of such suspension to such person. A 378
person whose operator's license or operating privilege has been 379
suspended in accordance with this subdivision shall automatically be 380
entitled to a hearing before the commissioner, to be held in accordance 381 Raised Bill No. 5500
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with the provisions of chapter 54. The commissioner shall send a 382
suspension notice to such person informing such person that such 383
person's operator's license or operating privilege is suspended as of the 384
date specified in such suspension notice, and that such person is entitled 385
to a hearing and may schedule such hearing by contacting the 386
Department of Motor Vehicles not later than seven days after the date 387
of mailing of such suspension notice. Any suspension issued under this 388
subdivision shall remain in effect until such suspension is affirmed 389
under subsection (f) of this section or such operator's license or 390
operating privilege is reinstated in accordance with subsection (h) of this 391
section. 392
(f) If such person does not contact the department to schedule a 393
hearing, the commissioner shall affirm the suspension contained in the 394
suspension notice for the appropriate period specified in subsection (i) 395
of this section. 396
(g) (1) If such person contacts the department to schedule a hearing, 397
the department shall assign a date, time and place for the hearing, which 398
date shall be prior to the effective date of the suspension, except that, 399
with respect to a person whose operator's license or operating privilege 400
is suspended in accordance with subdivision (2) of subsection (e) of this 401
section, such hearing shall be scheduled not later than thirty days after 402
such person contacts the department. At the request of such person, the 403
hearing officer or the department and upon a showing of good cause, 404
the commissioner may grant one or more continuances. 405
(2) A hearing based on a report submitted under subsection (c) of this 406
section shall be limited to a determination of the following issues: (A) 407
Did the police officer have probable cause to arrest the person for 408
operating a motor vehicle while under the influence of intoxicating 409
liquor or any drug, or both; (B) was such person placed under arrest; (C) 410
did such person (i) refuse to submit to such test or nontestimonial 411
portion of a drug influence evaluation, or (ii) submit to such test, 412
commenced within two hours of the time of operation, and the results 413
of such test indicated that such person had an elevated blood alcohol 414 Raised Bill No. 5500
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content; and (D) was such person operating the motor vehicle. 415
(3) A hearing based on a report submitted under subsection (d) of this 416
section shall be limited to a determination of the following issues: (A) 417
Did the police officer have probable cause to arrest the person for 418
operating a motor vehicle while under the influence of intoxicating 419
liquor or any drug, or both; (B) was such person placed under arrest; (C) 420
was such person operating a motor vehicle under the influence of 421
intoxicating liquor or any drug, or both; and (D) was such person 422
operating the motor vehicle. 423
(4) In a hearing under this subsection, the results of the test, if 424
administered, shall be sufficient to indicate the ratio of alcohol in the 425
blood of such person at the time of operation, provided such test was 426
commenced within two hours of the time of operation. The fees of any 427
witness summoned to appear at a hearing under this subsection shall be 428
the same as provided by the general statutes for witnesses in criminal 429
cases. Notwithstanding the provisions of subsection (a) of section 52-430
143, any subpoena summoning a police officer as a witness shall be 431
served not less than seventy-two hours prior to the designated time of 432
the hearing. 433
(5) In a hearing based on a report submitted under subsection (d) of 434
this section, evidence of operation under the influence of intoxicating 435
liquor or any drug, or both shall be admissible. Such evidence may 436
include, but need not be limited to, (A) the police officer's observations 437
of intoxication, as documented in a report submitted to the 438
commissioner under subsection (d) of this section; (B) the results of any 439
chemical test administered under this section or a toxicology report 440
certified by the Division of Scientific Services within the Department of 441
Emergency Services and Public Protection; (C) hospital or medical 442
records obtained in accordance with subsection (j) of this section or by 443
the consent of the operator; (D) the results of any tests conducted by, or 444
the report of, an officer trained in advanced roadside impaired driving 445
enforcement; or (E) reports of drug recognition experts. 446 Raised Bill No. 5500
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(h) If, after a hearing under subdivision (2) of subsection (g) of this 447
section, the commissioner finds in the negative on any one of the issues 448
specified in subparagraph (A), (B), (C) or (D) of said subdivision, the 449
commissioner shall reinstate such license or operating privilege. If, after 450
a hearing under subdivision (3) of subsection (g) of this section, the 451
commissioner finds in the negative on any one of the issues specified in 452
subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 453
shall reinstate such license or operating privilege. If, after such hearing 454
under subdivision (2) or (3) of subsection (g) of this section, the 455
commissioner does not find on any one of said issues in the negative or 456
if such person fails to appear at such hearing, the commissioner shall 457
affirm the suspension contained in the suspension notice for the 458
appropriate period specified in subsection (i) of this section. The 459
commissioner shall render a decision at the conclusion of such hearing 460
and send a notice of the decision by bulk certified mail or by personal 461
delivery, as defined in section 4-166, to such person. The notice of such 462
decision sent by bulk certified mail or by personal delivery to the 463
address of such person as shown by the records of the commissioner 464
shall be sufficient notice to such person that such person's operator's 465
license or operating privilege is reinstated or suspended, as the case may 466
be. A notice of the decision shall only be transmitted by personal 467
delivery if the operator has consented, in writing, to such personal 468
delivery. 469
(i) (1) The commissioner shall suspend the operator's license or 470
operating privilege of a person who did not contact the department to 471
schedule a hearing, who failed to appear at a hearing, or against whom 472
a decision was issued, after a hearing, pursuant to subsection (h) of this 473
section, as of the effective date contained in the suspension notice, for a 474
period of forty-five days. As a condition for the restoration of such 475
operator's license or operating privilege, such person shall be required 476
to install an ignition interlock device on each motor vehicle owned or 477
operated by such person and, upon such restoration, be prohibited from 478
operating a motor vehicle unless such motor vehicle is equipped with a 479
functioning, approved ignition interlock device, as defined in section 14-480 Raised Bill No. 5500
LCO No. 3017 16 of 27
227j, for the longer of either (A) the period prescribed in subdivision (2) 481
of this subsection for the present arrest and suspension, or (B) the period 482
prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-483
227a or subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 484
subdivision (1) or (2) of subsection (c) of section 14-227n for the present 485
arrest and conviction, if any. 486
(2) (A) A person twenty-one years of age or older at the time of the 487
arrest who submitted to a test and the results of such test indicated that 488
such person had an elevated blood alcohol content, or was found to have 489
been operating a motor vehicle under the influence of intoxicating 490
liquor or any drug, or both based on a report filed pursuant to 491
subsection (d) of this section, shall install and maintain an ignition 492
interlock device for the following periods: (i) For a first suspension 493
under this section, six months; (ii) for a second suspension under this 494
section, one year; and (iii) for a third or subsequent suspension under 495
this section, two years; (B) a person under twenty-one years of age at the 496
time of the arrest who submitted to a test and the results of such test 497
indicated that such person had an elevated blood alcohol content, or was 498
found to have been operating a motor vehicle under the influence of 499
intoxicating liquor or any drug, or both based on a report filed pursuant 500
to subsection (d) of this section, shall install and maintain an ignition 501
interlock device for the following periods: (i) For a first suspension 502
under this section, one year; (ii) for a second suspension under this 503
section, two years; and (iii) for a third or subsequent suspension under 504
this section, three years; and (C) a person, regardless of age, who refused 505
to submit to a test or nontestimonial portion of a drug influence 506
evaluation shall install and maintain an ignition interlock device for the 507
following periods: (i) For a first suspension under this section, one year; 508
(ii) for a second suspension under this section, two years; and (iii) for a 509
third or subsequent suspension, under this section, three years. 510
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 511
subsection, a person whose motor vehicle operator's license or operating 512
privilege has been permanently revoked upon a third offense pursuant 513
to subsection (g) of section 14-227a or subsection (c) of section 14-227m 514 Raised Bill No. 5500
LCO No. 3017 17 of 27
shall be subject to the penalties prescribed in subdivision (2) of 515
subsection (i) of section 14-111. 516
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 517
of this section, any police officer who obtains the results of a test of a 518
blood sample taken from or a urine sample provided by an operator of 519
a motor vehicle who was involved in an accident and suffered or 520
allegedly suffered physical injury in such accident, or who was 521
otherwise deemed by a police officer to require treatment or observation 522
at a hospital, shall notify the commissioner and submit to the 523
commissioner a written report if such results indicate that such person 524
had an elevated blood alcohol content, or any quantity of an intoxicating 525
liquor or any drug, or both, in such person's blood, and if such person 526
was arrested for violation of section 14-227a or 14-227m or subdivision 527
(1) or (2) of subsection (a) of section 14-227n. The report shall be made 528
on a form approved by the commissioner containing such information 529
as the commissioner prescribes, and shall be subscribed and sworn to 530
under penalty of false statement, as provided in section 53a-157b, by the 531
police officer. The commissioner may, after notice and an opportunity 532
for hearing, which shall be conducted by a hearing officer on behalf of 533
the commissioner in accordance with chapter 54, suspend the motor 534
vehicle operator's license or operating privilege of such person for the 535
appropriate period of time specified in subsection (i) of this section and 536
require such person to install and maintain an ignition interlock device 537
for the appropriate period of time prescribed in subsection (i) of this 538
section. Each hearing conducted under this subsection shall be limited 539
to a determination of the following issues: (1) Whether the police officer 540
had probable cause to arrest the person for operating a motor vehicle 541
while under the influence of intoxicating liquor or drug, or both; (2) 542
whether such person was placed under arrest; (3) whether such person 543
was operating the motor vehicle; (4) whether (A) the results of the 544
analysis of the blood or urine of such person indicate that such person 545
had an elevated blood alcohol content, or (B) the person was operating 546
a motor vehicle under the influence of intoxicating liquor or any drug, 547
or both; and (5) in the event that a blood sample was taken, whether the 548 Raised Bill No. 5500
LCO No. 3017 18 of 27
blood sample was obtained in accordance with conditions for 549
admissibility and competence as evidence as set forth in subsection (k) 550
of section 14-227a. If, after such hearing, the commissioner finds on any 551
one of the said issues in the negative, the commissioner shall not impose 552
a suspension. The fees of any witness summoned to appear at the 553
hearing shall be the same as provided by the general statutes for 554
witnesses in criminal cases, as provided in section 52-260. 555
(k) The provisions of this section shall apply with the same effect to 556
the refusal by any person to submit to an additional chemical test as 557
provided in subparagraph (E) of subdivision (1) of subsection (b) of 558
section 14-227a. 559
(l) The provisions of this section shall not apply to any person whose 560
physical condition is such that, according to competent medical advice, 561
such test would be inadvisable. 562
(m) Notwithstanding the provisions of this section, when a person is 563
required, pursuant to this section, to install and maintain an ignition 564
interlock device or is prohibited, pursuant to this section, from 565
operating a motor vehicle except under the condition that such device 566
is installed and maintained on such vehicle, such requirement and 567
condition shall cease to apply to such person upon any of the following 568
conditions being met in the case of an arrest for a violation of section 14-569
227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14-570
227n for which the only intoxicating substance detected is cannabis: (1) 571
All charges resulting from such alleged violation are withdrawn, nolled 572
or dismissed; (2) the person has been acquitted of any charges resulting 573
from such alleged violation; or (3) any conviction of such person based 574
upon any charges resulting from such alleged violation is vacated, 575
overturned or erased. Upon the ceasing of the application of such 576
requirement and condition upon such person, the commissioner shall 577
provide written notification to the person indicating that such 578
requirement and condition has ceased to apply to such person. The 579
provisions of this subsection shall not affect any other requirement or 580
condition applied to such person. 581 Raised Bill No. 5500
LCO No. 3017 19 of 27
[(m)] (n) The state shall pay the reasonable charges of any physician 582
who, at the request of a law enforcement unit, as defined in section 7-583
294a, takes a blood sample for purposes of a test under the provisions of 584
this section. 585
[(n)] (o) For the purposes of this section, "elevated blood alcohol 586
content" means (1) a ratio of alcohol in the blood of such person that is 587
eight-hundredths of one per cent or more of alcohol, by weight, (2) if 588
such person is operating a commercial motor vehicle, a ratio of alcohol 589
in the blood of such person that is four-hundredths of one per cent or 590
more of alcohol, by weight, or (3) if such person is less than twenty-one 591
years of age, a ratio of alcohol in the blood of such person that is two-592
hundredths of one per cent or more of alcohol, by weight. 593
[(o)] (p) The Commissioner of Motor Vehicles shall adopt regulations, 594
in accordance with chapter 54, to implement the provisions of this 595
section. 596
Sec. 5. (NEW) (Effective from passage and applicable to any offense 597
committed prior to, on or after said date) Any offense committed by means 598
of communication transmitted by use of an interactive computer service, 599
as defined in section 53a-90a of the general statutes, computer network, 600
as defined in section 53a-250 of the general statutes, telecommunications 601
service, as defined in section 16-247a of the general statutes, cellular 602
system, as used in section 16-50i of the general statutes, electronic 603
communication service, as defined in section 54-260b of the general 604
statutes or electronic communication system, as defined in 18 USC 2510, 605
as amended from time to time, including electronic mail or text message 606
or any other electronically sent message, whether by digital media 607
account, messaging program or application, may be deemed to have 608
been committed either at the place where the communication originated 609
or at the place where it was received. 610
Sec. 6. Section 18-85 of the 2024 supplement to the general statutes is 611
repealed and the following is substituted in lieu thereof (Effective October 612
1, 2024): 613 Raised Bill No. 5500
LCO No. 3017 20 of 27
(a) The Commissioner of Correction, after consultation with the 614
Commissioner of Administrative Services and the Secretary of the Office 615
of Policy and Management, shall establish a schedule of compensation 616
for services performed on behalf of the state by [inmates of] persons who 617
are incarcerated in any institution or facility of the department. Such 618
schedule shall (1) recognize degrees of merit, diligence and skill in order 619
to encourage inmate incentive and industry, and (2) establish a pay 620
[range] rate of not less than [five dollars per week, but not greater than 621
ten dollars per week] one dollar per day with higher rates of pay based 622
upon skill level or other factors, as determined by the Commissioner of 623
Correction, or the commissioner's designee. 624
(b) Compensation so earned shall be deposited, under the direction 625
of the Commissioner of Correction, in an account in a savings bank or 626
state bank and trust company in this state or an account administered 627
by the State Treasurer. Any compensation so earned shall be paid to the 628
[inmate on the inmate's] incarcerated person upon such person's release 629
from incarceration in the form of a debit card, except that the 630
commissioner may, while [the inmate] such person is in custody, 631
disburse any compensation earned by such [inmate] person in 632
accordance with the following priorities: (1) Federal taxes due; (2) 633
restitution or payment of compensation to a crime victim ordered by 634
any court of competent jurisdiction; (3) payment of a civil judgment 635
rendered in favor of a crime victim by any court of competent 636
jurisdiction; (4) victims compensation through the criminal injuries 637
account administered by the Office of Victim Services; (5) state taxes 638
due; (6) support of the [inmate's] incarcerated person's dependents, if 639
any; (7) the [inmate's] incarcerated person's necessary travel expense to 640
and from work and other incidental expenses; (8) costs of such 641
[inmate's] person's incarceration under section 18-85a and regulations 642
adopted in accordance with said section; and (9) payment to the clerk of 643
the court in which an [inmate] incarcerated person, confined in a 644
correctional facility only for payment of a fine, was convicted, such 645
portion of such compensation as is necessary to pay such fine. Any 646
interest that accrues shall be credited to any institutional fund 647 Raised Bill No. 5500
LCO No. 3017 21 of 27
established for the welfare of [inmates] incarcerated persons. 648
Compensation under this section shall be in addition to any 649
compensation received or credited under section 18-50. 650
Sec. 7. Section 54-53 of the general statutes is repealed and the 651
following is substituted in lieu thereof (Effective October 1, 2024): 652
Each person detained in a community correctional center pursuant to 653
the issuance of a bench warrant of arrest or for arraignment, sentencing 654
or trial for an offense not punishable by death shall be entitled to bail 655
and shall be released from such institution upon entering into a 656
recognizance, with sufficient surety, or upon posting cash bail, in an 657
amount rounded down to the nearest dollar, as provided in section 54-658
66, for the detained person's appearance before the court having 659
cognizance of the offense, to be taken by any person designated by the 660
Commissioner of Correction at the institution where the person is 661
detained. The person so designated shall deliver the recognizance or 662
cash bail to the clerk of the appropriate court before the opening of the 663
court on the first court day thereafter. When cash bail in excess of ten 664
thousand dollars is received for a detained person accused of a felony, 665
where the underlying facts and circumstances of the felony involve the 666
use, attempted use or threatened use of physical force against another 667
person, the person so designated shall prepare a report that contains (1) 668
the name, address and taxpayer identification number of the detained 669
person, (2) the name, address and taxpayer identification number of 670
each person offering the cash bail, other than a person licensed as a 671
professional bondsman under chapter 533 or a surety bail bond agent 672
under chapter 700f, (3) the amount of cash received, and (4) the date the 673
cash was received. Not later than fifteen days after receipt of such cash 674
bail, the person so designated shall file the report with the Department 675
of Revenue Services and mail a copy of the report to the state's attorney 676
for the judicial district in which the alleged offense was committed and 677
to each person offering the cash bail. 678
Sec. 8. Subsection (d) of section 54-56d of the general statutes is 679
repealed and the following is substituted in lieu thereof (Effective October 680 Raised Bill No. 5500
LCO No. 3017 22 of 27
1, 2024): 681
(d) If the court finds that the request for an examination is justified 682
and that, in accordance with procedures established by the judges of the 683
Superior Court, there is probable cause to believe that the defendant has 684
committed the crime for which the defendant is charged, the court shall 685
order an examination of the defendant as to [his or her] the defendant's 686
competency, except in a case where the most serious offense charged 687
against the defendant is a misdemeanor, the court may order a 688
competency examination only after considering, based on all available 689
information, whether participation by the defendant in a jail diversion 690
program is not appropriate. The court may (1) appoint one or more 691
physicians specializing in psychiatry to examine the defendant, or (2) 692
order the Commissioner of Mental Health and Addiction Services to 693
conduct the examination either (A) by a clinical team consisting of a 694
physician specializing in psychiatry, a clinical psychologist and one of 695
the following: A clinical social worker licensed pursuant to chapter 383b 696
or a psychiatric nurse clinical specialist holding a master's degree in 697
nursing, or (B) by one or more physicians specializing in psychiatry, 698
except that no employee of the Department of Mental Health and 699
Addiction Services who has served as a member of a clinical team in the 700
course of such employment for at least five years prior to October 1, 701
1995, shall be precluded from being appointed as a member of a clinical 702
team. If the Commissioner of Mental Health and Addiction Services is 703
ordered to conduct the examination, the commissioner shall select the 704
members of the clinical team or the physician or physicians. When 705
performing an examination under this section, the examiners shall have 706
access to information on treatment dates and locations in the 707
defendant's treatment history contained in the Department of Mental 708
Health and Addiction Services' database of treatment episodes for the 709
purpose of requesting a release of treatment information from the 710
defendant. If the examiners determine that the defendant is not 711
competent, the examiners shall then determine whether there is a 712
substantial probability that the defendant, if provided with a course of 713
treatment, will regain competency within the maximum period of any 714 Raised Bill No. 5500
LCO No. 3017 23 of 27
placement order under this section. If the examiners determine that 715
there is a substantial probability that the defendant, if provided with a 716
course of treatment, will regain competency within the maximum 717
period of any placement order under this section, the examiners shall 718
then determine whether the defendant appears to be eligible for civil 719
commitment, with monitoring by the Court Support Services Division, 720
pursuant to subdivision (2) of subsection (h) of this section. If the 721
examiners determine that there is not a substantial probability that the 722
defendant, if provided with a course of treatment, will regain 723
competency within the maximum period of any placement order under 724
this section, the examiners shall then determine whether the defendant 725
appears to be eligible for civil commitment to a hospital for psychiatric 726
disabilities pursuant to subsection (m) of this section and make a 727
recommendation to the court regarding the appropriateness of such 728
civil commitment. The court may authorize a physician specializing in 729
psychiatry, a clinical psychologist, a clinical social worker licensed 730
pursuant to chapter 383b or a psychiatric nurse clinical specialist 731
holding a master's degree in nursing selected by the defendant to 732
observe the examination. Counsel for the defendant may observe the 733
examination. The examination shall be completed within fifteen 734
business days from the date it was ordered and the examiners shall 735
prepare and sign, without notarization, a written report and file such 736
report with the court within twenty-one business days of the date of the 737
order. On receipt of the written report, the clerk of the court shall cause 738
copies to be delivered immediately to the state's attorney and to counsel 739
for the defendant. 740
Sec. 9. Subsection (i) of section 54-56d of the general statutes is 741
repealed and the following is substituted in lieu thereof (Effective October 742
1, 2024): 743
(i) (1) The placement of the defendant for treatment for the purpose 744
of rendering the defendant competent shall comply with the following 745
conditions: [(1)] (A) The period of placement under the order or 746
combination of orders shall not exceed the period of the maximum 747
sentence which the defendant could receive on conviction of the charges 748 Raised Bill No. 5500
LCO No. 3017 24 of 27
against the defendant or eighteen months, whichever is less; [(2)] (B) the 749
placement shall be either [(A)] (i) in the custody of the Commissioner of 750
Mental Health and Addiction Services, the Commissioner of Children 751
and Families or the Commissioner of Developmental Services, except 752
that any defendant placed for treatment with the Commissioner of 753
Mental Health and Addiction Services may remain in the custody of the 754
Department of Correction pursuant to subsection (p) of this section; or, 755
[(B)] (ii) if the defendant or the appropriate commissioner agrees to 756
provide payment, in the custody of any appropriate mental health 757
facility or treatment program which agrees to provide treatment to the 758
defendant and to adhere to the requirements of this section; and [(3)] (C) 759
the court shall order the placement, on either an inpatient or an 760
outpatient basis, which the court finds is the least restrictive placement 761
appropriate and available to restore competency. 762
(2) In determining the least restrictive placement appropriate and 763
available to restore competency, the court shall consider the following 764
factors: (A) The nature and circumstances of the alleged crime; (B) such 765
defendant's record of criminal convictions; (C) such defendant's record 766
of appearance in court; (D) such defendant's family and community ties; 767
(E) such defendant's willingness and ability to engage with treatment 768
ordered under this section; (F) whether such defendant's use of 769
substances would interfere with such defendant's ability to be successful 770
in such placement; (G) any psychiatric symptoms experienced by such 771
defendant and the nature and severity of the symptoms; and (H) any 772
other relevant factors specific to the defendant and such defendant's 773
circumstances. 774
(3) If the defendant is not charged with a felony, the court shall 775
presume that outpatient treatment is the least restrictive placement 776
appropriate and available to restore competency, unless the court has 777
good cause to find otherwise based on review of the factors in 778
subdivision (2) of this subsection. If outpatient treatment is the least 779
restrictive placement for a defendant who has not yet been released 780
from a correctional facility, the court shall consider whether the 781
availability of such treatment is a sufficient basis on which to release the 782 Raised Bill No. 5500
LCO No. 3017 25 of 27
defendant on a promise to appear, conditions of release, cash bail or 783
bond. If the court determines that the defendant may not be so released, 784
the court shall order treatment of the defendant on an inpatient basis at 785
a mental health facility or facility for persons with intellectual disability. 786
Not later than twenty-four hours after the court orders placement of the 787
defendant for treatment for the purpose of rendering the defendant 788
competent, the examiners shall transmit information obtained about the 789
defendant during the course of an examination pursuant to subsection 790
(d) of this section to the health care provider named in the court's order. 791
Sec. 10. Section 53a-38 of the general statutes is repealed and the 792
following is substituted in lieu thereof (Effective October 1, 2024, and 793
effective upon any sentence of imprisonment which is being served on or 794
commences on or after October 1, 2024): 795
(a) An indeterminate sentence of imprisonment commences when the 796
prisoner is received in the custody or institution to which he was 797
sentenced. 798
(b) A definite sentence of imprisonment commences when the 799
prisoner is received in the custody to which he was sentenced. Where a 800
person is under more than one definite sentence, the sentences shall be 801
calculated as follows: (1) If the sentences run concurrently, the terms 802
merge in and are satisfied by discharge of the term which has the longest 803
term to run; (2) if the sentences run consecutively, the terms are added 804
to arrive at an aggregate term and are satisfied by discharge of such 805
aggregate term. 806
(c) When a sentence of imprisonment that has been imposed on a 807
person is vacated and a new sentence is imposed on such person for the 808
same offense or for an offense based on the same act, the new sentence 809
shall be calculated as if it had commenced at the time the vacated 810
sentence commenced, and all time served under or credited against the 811
vacated sentence shall be credited against the new sentence. 812
(d) Notwithstanding the provisions of this section, any person who 813
for any pretrial or presentence period is released to such person's 814 Raised Bill No. 5500
LCO No. 3017 26 of 27
residence, subject to the condition that such person not leave such 815
residence unless otherwise authorized, shall have such person's 816
sentence of imprisonment reduced by the number of whole days such 817
person was subject to such condition. 818
[(d)] (e) When a person who is serving a sentence of imprisonment 819
escapes, the escape shall interrupt the sentence and such interruption 820
shall continue until the return of such person to the custody of the 821
Commissioner of Correction. 822
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 51-247
Sec. 2 October 1, 2024 29-38c(c)
Sec. 3 October 1, 2024 54-56l
Sec. 4 October 1, 2024 14-227b
Sec. 5 from passage and
applicable to any offense
committed prior to, on or
after said date
New section
Sec. 6 October 1, 2024 18-85
Sec. 7 October 1, 2024 54-53
Sec. 8 October 1, 2024 54-56d(d)
Sec. 9 October 1, 2024 54-56d(i)
Sec. 10 October 1, 2024, and
effective upon any sentence
of imprisonment which is
being served on or
commences on or after
October 1, 2024
53a-38
Statement of Purpose:
To revise provisions concerning (1) juror compensation, (2) risk
protection orders or warrants, (3) a supervised diversionary program
for persons with intellectual disabilities or autism spectrum disorder, (4)
the use of ignition interlock devices, (5) the jurisdiction for offenses
committed by means of transmitted communications, (6) compensation
for persons who are incarcerated, (7) bail payments, (8) competency to
stand trial, and (9) credit for time served under house arrest. Raised Bill No. 5500
LCO No. 3017 27 of 27
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]