Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 443
       February Session, 2020               LCO No. 2757
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING PRETRIAL ALCOHOL AND DRUG
 EDUCATION PROGRAMS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 54-56g of the 2020 supplement to the general
    statutes is repealed and the following is substituted in lieu thereof
    (Effective October 1, 2020):
      [(a) (1) There shall be a pretrial alcohol education program for
   persons charged with a violation of section 14-227a, 14-227g or 14-227m,
   subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-
   133 or 15-140n. Upon application by any such person for participation
   in such program, the court shall, but only as to the public, order the
   court file sealed, and such person shall pay to the court an application
   fee of one hundred dollars and a nonrefundable evaluation fee of one
   hundred dollars, and such person shall state under oath, in open court
   or before any person designated by the clerk and duly authorized to
   administer oaths, under penalties of perjury that: (A) If such person is
   charged with a violation of section 14-227a, 14-227g or 14-227m,
   subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d)
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 of section 15-133 or section 15-140n, such person has not had such
 program invoked in such person's behalf within the preceding ten years
 for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or
 (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133
 or section 15-140n, (B) such person has not been convicted of a violation
 of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-
 227a before, on or after October 1, 1981, a violation of subdivision (1) or
 (2) of subsection (a) of section 14-227a on or after October 1, 1985, a
 violation of section 14-227g, a violation of section 14-227m or a violation
 of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such
 person has not been convicted of a violation of section 15-132a,
 subsection (d) of section 15-133, section 15-140l or section 15-140n, (D)
 such person has not been convicted in any other state at any time of an
 offense the essential elements of which are substantially the same as
 section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or
 (2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1)
 or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-
 133, and (E) notice has been given by such person, by registered or
 certified mail on a form prescribed by the Office of the Chief Court
 Administrator, to each victim who sustained a serious physical injury,
 as defined in section 53a-3, which was caused by such person's alleged
 violation, that such person has applied to participate in the pretrial
 alcohol education program and that such victim has an opportunity to
 be heard by the court on the application.
    (2) The court shall provide each such victim who sustained a serious
 physical injury an opportunity to be heard prior to granting an
 application under this section. Unless good cause is shown, a person
 shall be ineligible for participation in such pretrial alcohol education
 program if such person's alleged violation of section 14-227a, 14-227g or
 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
 subsection (d) of section 15-133 caused the serious physical injury, as
 defined in section 53a-3, of another person.
   (3) The application fee imposed under this subsection shall be
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 credited to the Criminal Injuries Compensation Fund established under
 section 54-215. The evaluation fee imposed under this subsection shall
 be credited to the pretrial account established under section 54-56k.
    (b) The court, after consideration of the recommendation of the state's
 attorney, assistant state's attorney or deputy assistant state's attorney in
 charge of the case, may, in its discretion, grant such application. If the
 court grants such application, the court shall refer such person to the
 Court Support Services Division for assessment and confirmation of the
 eligibility of the applicant and to the Department of Mental Health and
 Addiction Services for evaluation. The Court Support Services Division,
 in making its assessment and confirmation, may rely on the
 representations made by the applicant under oath in open court with
 respect to convictions in other states of offenses specified in subsection
 (a) of this section. Upon confirmation of eligibility and receipt of the
 evaluation report, the defendant shall be referred to the Department of
 Mental Health and Addiction Services by the Court Support Services
 Division for placement in an appropriate alcohol intervention program
 for one year, or be placed in a state-licensed substance abuse treatment
 program. The alcohol intervention program shall include a ten-session
 intervention program and a fifteen-session intervention program. Any
 person who enters the pretrial alcohol education program shall agree:
 (1) To the tolling of the statute of limitations with respect to such crime,
 (2) to a waiver of such person's right to a speedy trial, (3) to complete
 ten or fifteen counseling sessions in an alcohol intervention program or
 successfully complete a substance abuse treatment program of not less
 than twelve sessions pursuant to this section dependent upon the
 evaluation report and the court order, (4) to commence participation in
 an alcohol intervention program or substance abuse treatment program
 not later than ninety days after the date of entry of the court order unless
 granted a delayed entry into a program by the court, (5) upon
 completion of participation in the alcohol intervention program, to
 accept placement in a substance abuse treatment program upon the
 recommendation of a provider under contract with the Department of
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 Mental Health and Addiction Services pursuant to subsection (f) of this
 section or placement in a state-licensed substance abuse treatment
 program which meets standards established by the Department of
 Mental Health and Addiction Services, if the Court Support Services
 Division deems it appropriate, and (6) if ordered by the court, to
 participate in at least one victim impact panel. The suspension of the
 motor vehicle operator's license of any such person pursuant to section
 14-227b shall be effective during the period such person is participating
 in the pretrial alcohol education program, provided such person shall
 have the option of not commencing the participation in such program
 until the period of such suspension is completed. If the Court Support
 Services Division informs the court that the defendant is ineligible for
 such program and the court makes a determination of ineligibility or if
 the program provider certifies to the court that the defendant did not
 successfully complete the assigned program or is no longer amenable to
 treatment and such person does not request, or the court denies,
 program reinstatement under subsection (e) of this section, the court
 shall order the court file to be unsealed, enter a plea of not guilty for
 such defendant and immediately place the case on the trial list. If such
 defendant satisfactorily completes the assigned program, such
 defendant may apply for dismissal of the charges against such
 defendant and the court, on reviewing the record of the defendant's
 participation in such program submitted by the Court Support Services
 Division and on finding such satisfactory completion, shall dismiss the
 charges. If the defendant does not apply for dismissal of the charges
 against such defendant after satisfactorily completing the assigned
 program the court, upon receipt of the record of the defendant's
 participation in such program submitted by the Court Support Services
 Division, may on its own motion make a finding of such satisfactory
 completion and dismiss the charges. Upon motion of the defendant and
 a showing of good cause, the court may extend the one-year placement
 period for a reasonable period for the defendant to complete the
 assigned program. A record of participation in such program shall be
 retained by the Court Support Services Division for a period of ten years
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 from the date the court grants the application for participation in such
 program. The Court Support Services Division shall transmit to the
 Department of Motor Vehicles a record of participation in such program
 for each person who satisfactorily completes such program. The
 Department of Motor Vehicles shall maintain for a period of ten years
 the record of a person's participation in such program as part of such
 person's driving record. The Court Support Services Division shall
 transmit to the Department of Energy and Environmental Protection the
 record of participation of any person who satisfactorily completes such
 program who has been charged with a violation of the provisions of
 subsection (d) of section 15-133 or section 15-140n. The Department of
 Energy and Environmental Protection shall maintain for a period of ten
 years the record of a person's participation in such program as a part of
 such person's boater certification record.
    (c) At the time the court grants the application for participation in the
 pretrial alcohol education program, such person shall also pay to the
 court a nonrefundable program fee of three hundred fifty dollars if such
 person is ordered to participate in the ten-session intervention program
 and a nonrefundable program fee of five hundred dollars if such person
 is ordered to participate in the fifteen-session intervention program. If
 the court grants the application for participation in the pretrial alcohol
 education program and such person is ordered to participate in a
 substance abuse treatment program, such person shall be responsible
 for the costs associated with participation in such program. No person
 may be excluded from either program for inability to pay such fee or
 cost, provided (1) such person files with the court an affidavit of
 indigency or inability to pay, (2) such indigency or inability to pay is
 confirmed by the Court Support Services Division, and (3) the court
 enters a finding thereof. If the court finds that a person is indigent or
 unable to pay for a treatment program, the costs of such program shall
 be paid from the pretrial account established under section 54-56k. If the
 court finds that a person is indigent or unable to pay for an intervention
 program, the court may waive all or any portion of the fee for such
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 intervention program. If the court denies the application, such person
 shall not be required to pay the program fee. If the court grants the
 application and such person is later determined to be ineligible for
 participation in such pretrial alcohol education program or fails to
 complete the assigned program, the program fee shall not be refunded.
 All program fees shall be credited to the pretrial account established
 under section 54-56k.
   (d) If a person returns to court with certification from a program
 provider that such person did not successfully complete the assigned
 program or is no longer amenable to treatment, the provider, to the
 extent practicable, shall include a recommendation to the court as to
 whether a ten-session intervention program, a fifteen-session
 intervention program or placement in a state-licensed substance abuse
 treatment program would best serve such person's needs. The provider
 shall also indicate whether the current program referral was an initial
 referral or a reinstatement to the program.
    (e) When a person subsequently requests reinstatement into an
 alcohol intervention program or a substance abuse treatment program
 and the Court Support Services Division verifies that such person is
 eligible for reinstatement into such program and thereafter the court
 favorably acts on such request, such person shall pay a nonrefundable
 program fee of one hundred seventy-five dollars if ordered to complete
 a ten-session intervention program or two hundred fifty dollars if
 ordered to complete a fifteen-session intervention program, as the case
 may be. Unless good cause is shown, such fees shall not be waived. If
 the court grants a person's request to be reinstated into a treatment
 program, such person shall be responsible for the costs, if any,
 associated with being reinstated into the treatment program. All
 program fees collected in connection with a reinstatement to an
 intervention program shall be credited to the pretrial account
 established under section 54-56k. No person shall be permitted more
 than two program reinstatements pursuant to this subsection.
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    (f) The Department of Mental Health and Addiction Services shall
 contract with service providers, develop standards and oversee
 appropriate alcohol programs to meet the requirements of this section.
 Said department shall adopt regulations, in accordance with chapter 54,
 to establish standards for such alcohol programs. Any person ordered
 to participate in a treatment program shall do so at a state-licensed
 treatment program which meets the standards established by said
 department. Any defendant whose employment or residence makes it
 unreasonable to attend an alcohol intervention program or a substance
 abuse treatment program in this state may attend a program in another
 state which has standards substantially similar to, or higher than, those
 of this state, subject to the approval of the court and payment of the
 application, evaluation and program fees and treatment costs, as
 appropriate, as provided in this section.
    (g) The court may, as a condition of granting such application, require
 that such person participate in a victim impact panel program approved
 by the Court Support Services Division of the Judicial Department. Such
 victim impact panel program shall provide a nonconfrontational forum
 for the victims of alcohol-related or drug-related offenses and offenders
 to share experiences on the impact of alcohol-related or drug-related
 incidents in their lives. Such victim impact panel program shall be
 conducted by a nonprofit organization that advocates on behalf of
 victims of accidents caused by persons who operated a motor vehicle
 while under the influence of intoxicating liquor or any drug, or both.
 Such organization may assess a participation fee of not more than
 seventy-five dollars on any person required by the court to participate
 in such program, provided such organization shall offer a hardship
 waiver when it has determined that the imposition of a fee would pose
 an economic hardship for such person.
   (h) The provisions of this section shall not be applicable in the case of
 any person charged with a violation of section 14-227a or 14-227m or
 subdivision (1) or (2) of subsection (a) of section 14-227n (1) while
 operating a commercial motor vehicle, as defined in section 14-1, or (2)
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 who holds a commercial driver's license or commercial driver's
 instruction permit at the time of the violation.]
    (a) (1) There is established a pretrial alcohol intervention program for
 persons charged with a violation of section 14-227a, 14-227g, 14-227m,
 14-227n, subsection (d) of section 15-133 or section 15-140n. The
 program shall consist of a twelve-session alcohol education component
 or a substance use treatment component of not less than fifteen sessions,
 and may also include a victim impact component as ordered by the
 court pursuant to subsection (d) of this section.
   (2) The provisions of this section shall not apply to any person:
   (A) Who has been placed in the pretrial alcohol intervention program
 under this section or the pretrial alcohol education program established
 under the provisions of this section in effect prior to January 1, 2021,
 within ten years immediately preceding the date of the application;
   (B) Who has been allowed to participate in an alcohol or drug
 education, treatment or si