Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 5494
       February Session, 2020               LCO No. 2740
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING CRIME VICTIMS' RIGHTS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 53a-32 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective October 1, 2020):
      (a) At any time during the period of probation or conditional
   discharge, the court or any judge thereof may issue a warrant for the
   arrest of a defendant for violation of any of the conditions of probation
   or conditional discharge, or may issue a notice to appear to answer to a
   charge of such violation, which notice shall be personally served upon
   the defendant. Any such warrant shall authorize all officers named
   therein to return the defendant to the custody of the court or to any
   suitable detention facility designated by the court. Whenever a
   probation officer has probable cause to believe that a person has violated
   a condition of such person's probation, such probation officer may
   notify any police officer that such person has, in such officer's judgment,
   violated the conditions of such person's probation and such notice shall
   be sufficient warrant for the police officer to arrest such person and
   return such person to the custody of the court or to any suitable
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 detention facility designated by the court. Whenever a probation officer
 so notifies a police officer, the probation officer shall notify the victim of
 the offense for which such person is on probation, and any victim
 advocate assigned to assist the victim, provided the probation officer
 has been provided with the name and contact information for such
 victim or victim advocate. Any probation officer may arrest any
 defendant on probation without a warrant or may deputize any other
 officer with power to arrest to do so by giving such other officer a
 written statement setting forth that the defendant has, in the judgment
 of the probation officer, violated the conditions of the defendant's
 probation. Such written statement, delivered with the defendant by the
 arresting officer to the official in charge of any correctional center or
 other place of detention, shall be sufficient warrant for the detention of
 the defendant. After making such an arrest, such probation officer shall
 present to the detaining authorities a similar statement of the
 circumstances of violation. Provisions regarding release on bail of
 persons charged with a crime shall be applicable to any defendant
 arrested under the provisions of this section. Upon such arrest and
 detention, the probation officer shall immediately so notify the court or
 any judge thereof.
    (b) When the defendant is presented for arraignment on the charge
 of violation of any of the conditions of probation or conditional
 discharge, the court shall review any conditions previously imposed on
 the defendant and may order, as a condition of the pretrial release of the
 defendant, that the defendant comply with any or all of such conditions
 in addition to any conditions imposed pursuant to section 54-64a.
 Unless the court, pursuant to subsection (c) of section 54-64a, orders that
 the defendant remain under the supervision of a probation officer or
 other designated person or organization, the defendant shall be
 supervised by the Court Support Services Division of the Judicial
 Branch in accordance with subsection (a) of section 54-63b.
    (c) Upon notification by the probation officer of the arrest of the
 defendant or upon an arrest by warrant as [herein] provided in this
 section, the court shall cause the defendant to be brought before it
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 without unnecessary delay for a hearing on the violation charges. The
 Court Support Services Division shall establish within its policies and
 procedures a requirement that any victim of the offense for which the
 defendant is on probation be notified of such arrest for a violation of any
 of the conditions of probation. The Court Support Services Division
 shall also provide the victim with notice of the first hearing date after
 arraignment on the violation of probation charges, as well as
 information on registering for the state-wide automated victim
 information and notification system.
    (d) The court shall permit such victim to appear before the court for
 the purpose of making a statement for the record concerning the
 defendant's alleged violation of probation or conditional discharge. In
 lieu of such appearance, the victim may submit a written statement to
 the court and the court shall make such statement a part of the record.
 At such hearing the defendant shall be informed of the manner in which
 such defendant is alleged to have violated the conditions of such
 defendant's probation or conditional discharge, shall be advised by the
 court that such defendant has the right to retain counsel and, if indigent,
 shall be entitled to the services of the public defender, and shall have
 the right to cross-examine witnesses and to present evidence in such
 defendant's own behalf. Prior to making a determination as to whether
 the defendant has violated the conditions of probation or conditional
 discharge, the court shall consider any statement made or submitted by
 such victim. Unless good cause is shown, a charge of violation of any of
 the conditions of probation or conditional discharge shall be disposed
 of or scheduled for a hearing not later than one hundred twenty days
 after the defendant is arraigned on such charge.
    [(d)] (e) If such violation is established, the court may: (1) Continue
 the sentence of probation or conditional discharge; (2) modify or enlarge
 the conditions of probation or conditional discharge; (3) extend the
 period of probation or conditional discharge, provided the original
 period with any extensions shall not exceed the periods authorized by
 section 53a-29; or (4) revoke the sentence of probation or conditional
 discharge. If such sentence is revoked, the court shall require the
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 defendant to serve the sentence imposed or impose any lesser sentence.
 Any such lesser sentence may include a term of imprisonment, all or a
 portion of which may be suspended entirely or after a period set by the
 court, followed by a period of probation with such conditions as the
 court may establish. No such revocation shall be ordered, except upon
 consideration of the whole record and unless such violation is
 established by the introduction of reliable and probative evidence and
 by a preponderance of the evidence.
    Sec. 2. Section 54-56e of the 2020 supplement to the general statutes
 is repealed and the following is substituted in lieu thereof (Effective
 October 1, 2020):
    (a) There shall be a pretrial program for accelerated rehabilitation of
 persons accused of a crime or crimes or a motor vehicle violation or
 violations for which a sentence to a term of imprisonment may be
 imposed, which crimes or violations are not of a serious nature. Upon
 application by any such person for participation in the program, the
 court shall, but only as to the public, order the court file sealed, except
 as provided in subsection (g) of this section.
    (b) The court may, in its discretion, invoke such program on motion
 of the defendant or on motion of a state's attorney or prosecuting
 attorney with respect to a defendant (1) who, the court believes, will
 probably not offend in the future, (2) who has no previous record of
 conviction of a crime or of a violation of section 14-196, subsection (c) of
 section 14-215, section 14-222a, subsection (a) or subdivision (1) of
 subsection (b) of section 14-224, section 14-227a or 14-227m or
 subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who
 states under oath, in open court or before any person designated by the
 clerk and duly authorized to administer oaths, under the penalties of
 perjury, (A) that the defendant has never had such program invoked on
 the defendant's behalf or that the defendant was charged with a
 misdemeanor or a motor vehicle violation for which a term of
 imprisonment of one year or less may be imposed and ten or more years
 have passed since the date that any charge or charges for which the
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 program was invoked on the defendant's behalf were dismissed by the
 court, or (B) with respect to a defendant who is a veteran, that the
 defendant has not had such program invoked in the defendant's behalf
 more than once previously, provided the defendant shall agree thereto
 and provided notice has been given by the defendant, on a form
 prescribed by the Office of the Chief Court Administrator, to the victim
 or victims of such crime or motor vehicle violation, if any, by registered
 or certified mail and such victim or victims have an opportunity to be
 heard thereon. Any defendant who makes application for participation
 in such program shall pay to the court an application fee of thirty-five
 dollars. No defendant shall be allowed to participate in the pretrial
 program for accelerated rehabilitation more than two times. For the
 purposes of this section, "veteran" means any person who was
 discharged or released under conditions other than dishonorable from
 active service in the armed forces as defined in section 27-103.
    (c) This section shall not be applicable: (1) To any person charged
 with (A) a class A felony, (B) a class B felony, except a violation of
 subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does
 not involve the use, attempted use or threatened use of physical force
 against another person, or a violation of subdivision (4) of subsection (a)
 of section 53a-122 that does not involve the use, attempted use or
 threatened use of physical force against another person and does not
 involve a violation by a person who is a public official, as defined in
 section 1-110, or a state or municipal employee, as defined in section 1-
 110, or (C) a violation of section 53a-70b of the general statutes, revision
 of 1958, revised to January 1, 2019, or section 14-227a or 14-227m,
 subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2)
 of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-
 70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-
 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged
 with a crime or motor vehicle violation who, as a result of the
 commission of such crime or motor vehicle violation, causes the death
 of another person, (3) to any person accused of a family violence crime
 as defined in section 46b-38a who (A) is eligible for the pretrial family
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 violence education program established under section 46b-38c, or (B)
 has previously had the pretrial family violence education program
 invoked in such person's behalf, (4) to any person charged with a
 violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial
 drug education and community service program established under
 section 54-56i, or (B) has previously had the pretrial drug education
 program or the pretrial drug education and community service program
 invoked on such person's behalf, (5) unless good cause is shown, to (A)
 any person charged with a class C felony, or (B) any person charged
 with committing a violation of subdivision (1) of subsection (a) of
 section 53a-71 while such person was less than four years older than the
 other person, (6) to any person charged with a violation of section 9-359
 or 9-359a, (7) to any person charged with a motor vehicle violation (A)
 while operating a commercial motor vehicle, as defined in section 14-1,
 or (B) who holds a commercial driver's license or commercial driver's
 instruction permit at the time of the violation, (8) to any person charged
 with a violation of subdivision (6) of subsection (a) of section 53a-60, or
 (9) to a health care provider or vendor participating in the state's
 Medicaid program charged with a violation of section 53a-122 or
 subdivision (4) of subsection (a) of section 53a-123.
    (d) Except as provided in subsection (e) of this section, any defendant
 who enters such program shall pay to the court a participation fee of one
 hundred dollars. Any defendant who enters such program shall agree
 to the tolling of any statute of limitations with respect to such crime and
 to a waiver of the right to a speedy trial. Any such defendant shall
 appear in court and shall, under such conditions as the court shall order,
 be released to the custody of the Court Support Services Division, except
 that, if a criminal docket for drug-dependent persons has been
 established pursuant to section 51-181b in the judicial district, such
 defendant may be transferred, under such conditions as the court shall
 order, to the court handling such docket for supervision by such court.
 If the defendant refuses to accept, or, having accepted, violates such
 conditions, the defendant's case shall be brought to trial. The period of
 such probation or supervision, or both, shall not exceed two years. If the
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 defendant has reached the age of sixteen years but has not reached the
 age of eighteen years, the court may order that as a condition of such
 probation the defendant be referred for services to a youth service
 bureau established pursuant to section 10-19m, provided the court
 finds, through an assessment by a youth service bureau or its designee,
 that the defendant is in need of and likely to benefit from such services.
 When determining any conditions of probation to order for a person
 entering such program who was charged with a misdemeanor that did
 not involve the use, attempted use or threatened use of physical force
 against another person or a motor vehicle violation, the court shall
 consider ordering the person to perform community service in the
 community in which the offense or violation occurred. If the court
 determines that community service is appropriate, such community
 service may be implemented by a community court established in
 accordance with section 51-181c if the offense or violation occurred
 within the jurisdiction of a community court established by said section.
 If the defendant is charged with a violation of section 46a-58, 53-37a,
 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of
 such probation the defendant participate in a hate crimes diversion
 program as provided in subsection (e) of this section. If a defendant is
 charged with a violation of section 53-247, the court may order that as a
 condition of such probation the defendant undergo psychiatric or
 psychological counseling or participate in an animal cruelty prevention
 and education program provided such a program exists and is available
 to the defendant.
    (e) If the court orders the defendant to participate in a hate crimes
 diversion program as a condition of probation, the defendant shall pay
 to the court a participation fee of four hundred twenty-five dollars. No
 person may be excluded from such program for inability to pay such
 fee, provided (1) such person files with the court an affidavit of
 indigency or inability to pay, (2) such indigency or inability to pay is
 confirmed by the Court Support Services Division, and (3) the court
 enters a finding thereof. The Judicial Department shall contract with
 service providers, develop standards and oversee appropriate hate
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 crimes diversion programs to meet the requirements of this section. Any
 defendant whose employment or residence makes it unreasonable to
 attend a hate crimes diversion program in this state may attend a
 program in another state which has standards substantially similar to,
 or higher than, those of this state, subject to the approval of the court
 and payment of the application and program fees as provided in this
 section. The hate crimes diversion program shall consist of an
 educational program and supervised community service.
    (f) If a defendant released to the custody of the Court Support
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