(a)(1) There is established a pretrial drug intervention and community service program for persons charged with a violation of section 21a-257, 21a-267, 21a-279 or 21a-279a. The program shall consist of a twelve-session drug education component or a substance use treatment program of not less than fifteen sessions, and the performance of community service as ordered by the court pursuant to subsection (c) of this section.
(2) The provisions of this section shall not apply to any person who has twice previously participated in: (A) The pretrial drug education program established under the provisions of section 54-56i; (B) the community service labor program established under section 53a-39c; (C) the pretrial drug intervention and community service program established under this section; or (D) any of such programs, except that the court may allow a person who has twice previously participated in such programs to participate in the program established under this section one additional time, for good cause shown.
(b) Upon application for participation in the program:
(1) The court shall, but only as to the public, order the court file sealed;
(2) The applicant shall pay to the court a nonrefundable application fee of one hundred dollars and a nonrefundable evaluation fee of one hundred fifty dollars, both of which shall be credited to the pretrial account established under section 54-56k;
(3) The applicant shall agree that, if the court grants the application and places the applicant in the program:
(A) The statute of limitations for any alleged violations for which the court grants the application for the program shall be tolled;
(B) The applicant waives the right to a speedy trial;
(C) The applicant will begin participation in the components of the program ordered by the court not later than ninety days after the date that the Court Support Services Division directs the applicant to attend such components pursuant to subsection (d) of this section, unless the applicant requests a later start date, and the division determines that a later start date is appropriate;
(D) The applicant will successfully complete any components of the program ordered by the court;
(E) The applicant will not engage in any conduct that would constitute a violation of section 21a-257, 21a-267, 21a-279 or 21a-279a; and
(F) To satisfactorily complete the program, the applicant may be required to participate in additional substance use treatment after completing the drug education or substance use treatment component of the program that the Court Support Services Division directs the applicant to attend pursuant to subsection (d) of this section, if a program component provider recommends such additional treatment and the division deems it appropriate, pursuant to subdivision (3) of subsection (h) of this section, or the court orders the additional treatment.
(c) (1) 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 the application for, and place the applicant in, the pretrial drug intervention and community service program for a period of one year, subject to confirmation of the applicant's eligibility to participate in the program.
(2) If the court grants the application and places the applicant in the program, the court shall refer the person placed in the program to the Court Support Services Division for confirmation of eligibility to participate in the program, and:
(A) If the division confirms that such person is eligible for the program:
(i) Direct the division to refer the applicant to the Department of Mental Health and Addiction Services for evaluation and determination of the appropriate drug education or substance use treatment component of the program, if the court has granted the applicant's participation in the program established under the provisions of this section or the community service labor program established under section 53a-39c for the first or second time;
(ii) Direct the division to refer the applicant to a state-licensed substance use treatment provider for evaluation and determination of the appropriate substance use treatment component of the program, if the court has granted the applicant's participation in the program established under the provisions of this section or the community service labor program established under section 53a-39c for the third time; or
(iii) If the applicant is a veteran, may direct the division to refer the applicant to the Department of Veterans Affairs or the United States Department of Veterans Affairs for evaluation and determination of the appropriate drug education or substance use treatment component of the program; or
(B) If the division determines that such person is not eligible for the program, to inform the court of such determination and return such person's case to court for further proceedings.
(3) When granting an application and placing an applicant in the program:
(A) For the first time, the court shall order the applicant to participate in (i) either the drug education or substance use treatment component of the program recommended by the evaluation conducted pursuant to subparagraph (A)(i) of subdivision (2) of this subsection; and (ii) the community service component of the program for a period of five days;
(B) For the second time, the court shall order the applicant to participate in (i) either the drug education or substance use treatment component of the program recommended by the evaluation conducted pursuant to subparagraph (A) of subdivision (2) of this subsection; and (ii) the community service component of the program for a period of fifteen days; or
(C) For the third time, the court shall order the applicant to participate in (i) the substance use treatment component recommended by the evaluation conducted pursuant to subparagraph (A) of subdivision (2) of this subsection; and (ii) the community service component of the program for a period of thirty days.
(d) (1) Except as provided in subdivisions (2) and (4) of this subsection, upon receipt of the evaluation of any person placed in the program conducted pursuant to subparagraph (A) of subdivision (2) of subsection (c) of this section, the Court Support Services Division shall (A) refer such person to the Department of Mental Health and Addiction Services or to a state-licensed substance use treatment provider with facilities that are in compliance with all state standards governing the operation of such facilities, as appropriate, for the purpose of receiving the drug education or substance use treatment component services recommended by such evaluation; and (B) direct such person to attend the recommended drug education or substance use treatment component within ninety days after referral unless the division determines that a later start date is appropriate.
(2) If any person placed in the program is a veteran, the division (A) may refer such person to the Department of Veterans Affairs or the United States Department of Veterans Affairs for the applicable drug education or substance use treatment component recommended by the evaluation conducted pursuant to subparagraph (A) of subdivision (2) of subsection (c) of this section if: (i) the division determines that services for such component will be provided in a timely manner under standards substantially similar to, or higher than, the standards for services provided by the Department of Mental Health and Addiction Services or a state-licensed substance use treatment provider, and (ii) the applicable department agrees to submit timely component participation and completion reports to the division in the manner required by the division; and (B) shall direct such person to attend the recommended drug education or substance use treatment component within ninety days unless the division determines that a later start date is appropriate.
(3) The division shall direct such person to attend the applicable community service component ordered by the court, and shall supervise such person's participation in such community service component.
(4) The division may allow any person placed in the program whose employment, residence or education makes it unreasonable to participate in any component of the program ordered by the court in this state to participate in the applicable program components in another state if:
(A) The out-of-state component provider has standards substantially similar to, or higher than, those of this state;
(B) For any substance use treatment component, the out-of-state substance use treatment provider is licensed by the state in which treatment will be provided; and
(C) The person allowed to participate in any of the components of the program in another state pays the applicable program fee and participation costs provided in this section.
(5) If the division determines that any person placed in the program has either failed to comply with the requirements of any component of the program in which the court has ordered such person to participate, or engaged in any conduct that constitutes a violation of section 21a-257, 21a-267, 21a-279 or 21a-279a, the division shall inform the court and return such person's case to court for further proceedings.
(e) (1) At the time that the Court Support Services Division directs any person to attend any component of the program, such person shall (A) if directed to attend the drug education component, pay to the court a nonrefundable program fee of four hundred dollars, or (B) if directed to attend the substance use treatment component, pay to the court a nonrefundable program fee of one hundred dollars and pay to the treatment provider any costs associated with such treatment. All program fees shall be credited to the pretrial account established under section 54-56k.
(2) (A) No person may be excluded from any component of the program because such person is indigent and unable to pay the associated fee or costs, provided (i) such person files with the court an affidavit of indigency and the court enters a finding of such indigency, or (ii) such person has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296. The court shall not require a person to perform community service in lieu of payment of any fee or cost, if such fee or cost is waived.
(B) If the court finds that a person is indigent and unable to pay for the program application or the evaluation fee for the program, the court may waive all or any portion of these fees.
(C) If the court finds that a person is indigent and unable to pay for the drug education component of the program, the court may waive all or any portion of the program fee for that component, provided that such person participates in such drug education services offered by a provider located in this state.
(D) If the court finds that a person is indigent and unable to pay for the substance use treatment component of the program, the court may waive all or any portion of the program fee for that component and the costs of such treatment, provided that such person participates in such treatment at a substance use treatment provider licensed by and located in this state. Any costs waived under this subparagraph shall be paid by the Department of Mental Health and Addiction Services.
(E) Notwithstanding any provision of this section, in no event shall the Department of Mental Health and Addiction Services pay any costs associated with education or substance use treatment provided outside of this state.
(f) (1) If the Court Support Services Division returns to court the case of any person placed in the program whom the division has determined is not eligible for the program, and the court finds that such person is not eligible to participate in the program, the court shall revoke such person's placement in the program.
(2) If the Court Support Services Division returns to court the case of any person placed in the program whom the division has learned has failed to comply with requirements of any component of the program in which the court has ordered such person to participate, or engaged in any conduct that constitutes a violation of section 21a-257, 21a-267, 21a-279 or 21a-279a, and the court finds that such person is no longer eligible to continue participating in the program, the court shall terminate such person's participation in the program.
(3) If the court revokes any person's placement in the program or terminates any person's participation in the program, the court shall order the court file to be unsealed, enter a plea of not guilty for such person, and immediately place the case on the trial list, unless such person is eligible for, such person requests and the court grants such person reinstatement into the program pursuant to subsection (k) of this section.
(4) (A) If the court revokes any person's placement in the program, such person shall not be required to pay any program fee or participation costs specified in subsection (e) of this section.
(B) If the court terminates any person's participation in the program, no program fees or substance use treatment costs imposed pursuant to subsection (e) of this section shall be refunded.
(g) The Department of Mental Health and Addiction Services shall administer the drug education component of the program and shall adopt regulations, in accordance with the provisions of chapter 54, to establish standards for such drug education component. The department may contract with service providers to provide the appropriate drug education component in accordance with the provisions of this section. The department may combine the services for the drug education component of the program under the provisions of this section with the services for the alcohol education component of the impaired driving intervention program under the provisions of section 54-56r, if necessary to ensure the appropriate and timely access to court ordered education components. Participation by a person in any combined drug and alcohol education services provided by the department for the drug education component of the program under the provisions of this section shall not be deemed participation in, nor shall affect such person's eligibility for, the impaired driving intervention program under the provisions of section 54-56r.
(h) (1) All program component providers shall provide the Court Support Services Division with a certification regarding the participation of each person referred to such provider pursuant to this section in the manner required by the division. (A) If such person has successfully completed the applicable program component, the certification shall indicate such successful completion and state whether additional substance use treatment is recommended. (B) If such person has failed to successfully complete the applicable program component, the certification shall indicate the reasons for such failure, whether the person is no longer amenable to education or treatment, and whether the current referral was an initial referral under subsection (d) of this section or a reinstatement under subsection (k) of this section for the program component. The certification of failure shall also, to the extent practicable, include a recommendation as to whether an alternative drug education or substance use treatment component would best serve such person's needs.
(2) Except as provided in subdivision (3) of this subsection, upon receipt of a participation certification from any program component provider pursuant to this subsection, the Court Support Services Division shall provide the court with a final progress report indicating whether such person has successfully completed any components of the program ordered by the court, whether the division required such person to participate in any additional substance use treatment in accordance with subdivision (3) of this subsection and whether such person successfully completed any such additional substance use treatment. The final progress report shall also include any other information the division obtained during the supervision of such person relevant to such person's participation in the program, including whether the results of a criminal history record check, which the division shall complete prior to the submission of the final progress report, reveals that such person has engaged in any conduct that constitutes a violation of section 21a-257, 21a-267, 21a-279 or 21a-279a, during such person's period of participation in the program.
(3) If a participation certification indicates that a person who was placed in the program successfully completed the drug education or substance use treatment component ordered by the court, but the program component provider recommends additional substance use treatment for such person, the Court Support Services Division may, if it deems such additional treatment appropriate, require such person to participate in the recommended additional substance use treatment in order to satisfactorily complete the pretrial drug intervention and community service program. If the division requires such additional substance use treatment, the division shall provide the court with a final progress report in accordance with subdivision (2) of this subsection upon receipt of the participation certification from the substance use treatment provider for such additional treatment.
(i) (1) If any person successfully completes all components of the program ordered by the court and any additional substance use treatment required by the Court Support Services Division, such person may apply for dismissal of the charges against such person at the conclusion of such person's period of participation in the program. Upon application, the court shall review the final progress report submitted by the division regarding such person and any other relevant information. If the court finds that such person has satisfactorily completed the pretrial drug intervention and community service program, the court shall dismiss the charges.
(2) If any person who has successfully completed all components of the program ordered by the court and any additional substance use treatment required by the Court Support Services Division does not apply for dismissal of the charges against such person at the conclusion of such person's period of participation in the program, the court may, upon its own motion, review the final progress report regarding such person submitted by the division and any other relevant information. If the court finds that such person has satisfactorily completed the pretrial drug intervention and community service program, the court shall dismiss the charges.
(3) Upon the motion of any person placed in the program and a showing of good cause, the court may extend the program placement period for a reasonable period of time to allow such person to complete the applicable program components.
(j) If, upon review of the final progress report submitted by the Court Support Services Division or any other relevant information, the court finds that any person placed in the program has failed to successfully complete any component of the program ordered by the court, is no longer amenable to treatment or is otherwise ineligible to continue participating in the program, the court shall terminate such person's participation in the program. No program fees or substance use treatment costs imposed pursuant to subsection (e) of this section shall be refunded to any person whose participation in the program is terminated. Unless such person requests, and the court grants, reinstatement into the program pursuant to subsection (k) of this section, the court shall order the court file of any person whose participation in the program is terminated to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.
(k) (1) Any person whose participation in the program is terminated may ask the court to reinstate such person into the program up to two times. If a person requests reinstatement into the program, the Court Support Services Division shall verify that such person is eligible for such reinstatement. If a person requesting reinstatement into the program is eligible for reinstatement, the court may, in its discretion, grant such person reinstatement into the program. When granting such reinstatement, the court shall order the person to participate in an appropriate drug education, substance use treatment or community service component of the program.
(2) Any person reinstated into the program shall (A) if ordered to participate in the drug education component of the program, pay to the court a nonrefundable program fee of two hundred fifty dollars, which shall be credited to the pretrial account established under section 54-56k, or (B) if ordered to participate in the substance use treatment component of the program, pay the costs of any substance use treatment. The court shall not waive the program fee or the costs of substance use treatment associated with reinstatement into the program unless such person is found eligible to have such fee or costs waived under subdivision (2) of subsection (e) of this section and such person participates in the applicable drug education at a service provider located in this state or substance use treatment at a substance use treatment provider licensed by and located in this state.
(l) (1) If any person applies for both the pretrial drug intervention and community service program under the provisions of this section and the pretrial impaired driving intervention program pursuant to section 54-56r, for charges arising from the same arrest, and the Department of Mental Health and Addiction Services has already completed the required evaluation and determination of the appropriate alcohol education or substance use treatment component pursuant to section 54-56r, the court and the Court Support Services Division may rely on such evaluation and determination for the purposes of ordering participation and directing attendance in the drug education or substance use treatment component of the program under the provisions of this section. If the court and the division rely on such evaluation and determination, such person shall not be required to pay the evaluation fee under the provisions of subdivision (2) of subsection (b) of this section, provided that such person has paid, or the court has waived, the evaluation fee pursuant to section 54-56r.
(2) If any person is placed in both the pretrial drug intervention and community service program under the provisions of this section and the pretrial impaired driving intervention program under section 54-56r, for charges arising from the same arrest, the court may find that:
(A) Such person's successful completion of the alcohol education component of the pretrial impaired driving intervention program pursuant to section 54-56r, satisfies such person's required participation in the drug education component of the pretrial drug intervention and community service program under the provisions of this section; or
(B) Such person's successful completion of the substance use treatment component of the pretrial impaired driving intervention program under section 54-56r, satisfies such person's required participation in the substance use treatment component of the pretrial drug intervention and community service program under the provisions of this section.
(3) Nothing in this subsection shall relieve any person placed in both the pretrial drug intervention and community service program pursuant to this section and the pretrial impaired driving intervention program pursuant to section 54-56r, for charges arising from the same arrest, from the requirement to participate in the:
(A) Community service component of the pretrial drug intervention and community service program under the provisions of this section, in order to satisfactorily complete the pretrial drug intervention and community service program, or
(B) Victim impact component of the pretrial impaired driving intervention program, if ordered by the court pursuant to section 54-56r, in order to satisfactorily complete the pretrial impaired driving intervention program.
(m) The Court Support Services Division shall retain a record of participation in the pretrial drug intervention and community service program for a period of ten years from the date the court grants the application for, and places the applicant in, the program pursuant to the provisions of this section.
(n) For purposes of this section, “veteran” has the same meaning as provided in subdivision (2) of subsection (a) of section 27-103.
(June Sp. Sess. P.A. 21-1, S. 166.)
History: June Sp. Sess. P.A. 21-1 effective April 1, 2022.
Structure Connecticut General Statutes
Chapter 960 - Information, Procedure and Bail
Section 54-45. - When grand jury is required. Selecting grand jury. Alternate grand jurors.
Section 54-45a. - Record of grand jury proceedings. Transcripts.
Section 54-46. - Prosecution on complaint or information.
Section 54-47. - Investigations into commission of crime.
Section 54-47a. - Compelling testimony of witness. Immunity from prosecution.
Section 54-47b. - Investigatory grand jury. Definitions.
Section 54-47c. - Application for investigation into commission of crime.
Section 54-47d. - Appointment of investigatory grand jury. Duration and scope of investigation.
Section 54-47e. - Sealing of order and application. Summary of scope of investigation. Disclosure.
Section 54-47f. - Conduct of investigation. Testimony of witnesses.
Section 54-47g. - Finding and record of investigation. Disclosure. Hearing. Access to testimony.
Section 54-47i. - Authority of investigation ordered prior to October 1, 1985.
Section 54-48. - Reward for arrest of capital offender or felon.
Section 54-50. - Reward for information as to unlawful disinterment of corpse.
Section 54-51. - Reward for information as to theft of motor vehicle, livestock or poultry.
Section 54-52. - Determination of claims to reward.
Section 54-53. - Release by correctional officials.
Section 54-53a. - Detention of persons who have not made bail.
Section 54-56. - Dismissal of information by court.
Section 54-56a. (Formerly Sec. 54-2b). - Pleading by mail in certain motor vehicle cases.
Section 54-56b. - Right to dismissal or trial on nolle.
Section 54-56c. - Request for privileged trial status.
Section 54-56d. (Formerly Sec. 54-40). - Competency to stand trial.
Section 54-56e. (Formerly Sec. 54-76p). - Accelerated pretrial rehabilitation.
Section 54-56f. (Formerly Sec. 54-5). - Requirements of sureties of the peace.
Section 54-56g. - Pretrial alcohol education program.
Section 54-56i. - Pretrial drug education and community service program.
Section 54-56j. - Pretrial school violence prevention program.
Section 54-56k. - *(See end of section for amended version and effective date.) Pretrial account.
Section 54-56m. - Mediation programs.
Section 54-56o. - Nolle prosequi in certain family violence cases.
Section 54-57. - Joinder of offenses of the same character.
Section 54-58. - Description of money in complaint or information.
Section 54-60. - Allegations in criminal cases.
Section 54-61. - Complaints for offenses specified in special acts, ordinances and bylaws.
Section 54-62. - Allegation of previous conviction.
Section 54-63. - Mode of informing against larceny by embezzlement.
Section 54-63a. - Definitions.
Section 54-63e. - Bond or promise conditioned on appearance.
Section 54-63f. - Release after conviction and pending sentence or appeal.
Section 54-63g. - Appeal from court order re release.
Section 54-64. - Police officials and clerks of court to take promise to appear or bond.
Section 54-64a. - Release by judicial authority.
Section 54-64b. - Release following arrest on court warrant.
Section 54-64c. - Notice of appearance after release.
Section 54-64d. - Release of person taken into custody on a capias.
Section 54-64g. - Surveillance of serious felony offenders released on bond.
Section 54-65b. - Verification of rearrest warrant or capias upon request.
Section 54-65c. - Vacating forfeiture of bond.
Section 54-67. - When attorneys not allowed to give bonds.
Section 54-68. - Persons charged with gaming to give bonds.
Section 54-69. - Motion of parties to modify conditions of release.
Section 54-69b. - Authority of court to modify conditions of release.
Section 54-70. - Compromise of forfeited bonds.
Section 54-71. - Mistake in form of recognizance.
Section 54-71a. - No civil liability for release.
Section 54-72. - Fines and forfeitures; prosecutions; liability of corporation.
Section 54-73. - Collection and disposition of forfeitures.
Section 54-74. - Remission of fine.