Sec. 54-56i. Pretrial drug education program.
Sec. 54-56i. Pretrial drug education program. (a) Not later than January 1, 1998,
the Department of Mental Health and Addiction Services shall establish a pretrial drug
education program for persons charged with a violation of section 21a-267 or 21a-279.
(b) 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 provided such person states
under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury, that such person has never had such
program invoked in such person's behalf. A person shall be ineligible for participation
in such pretrial drug education program if such person has previously participated in
the drug education program established under this section or the pretrial community
service labor program established under section 53a-39c.
(c) 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, it shall refer
such person to the Court Support Services Division for confirmation of the eligibility
of the applicant.
(d) Upon confirmation of eligibility, such person shall be referred to the Department
of Mental Health and Addiction Services by the Court Support Services Division for
placement in the drug education program. Any person who enters the 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 any conditions that may be
established by the department concerning participation in the drug education program
including conditions concerning participation in meetings or sessions of the program;
and (4) to accept placement in a treatment program upon the recommendation of a
provider under contract with the Department of Mental Health and Addiction Services
or placement in a treatment program that has standards substantially similar to, or higher
than, a program of a provider under contract with the Department of Mental Health and
Addiction Services if the Court Support Services Division deems it appropriate. The
department shall require, as a condition of the assigned program, that such person participate in, and successfully complete, a community service labor program established
under section 53a-39c for a period of four days.
(e) If the Court Support Services Division informs the court that such person is
ineligible for the program and the court makes a determination of ineligibility or if the
program provider certifies to the court that such person did not successfully complete
the assigned 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.
(f) If such person satisfactorily completes the assigned program, such person may
apply for dismissal of the charges against such person and the court, on reviewing the
record of such person's participation in such program submitted by the Court Support
Services Division and on finding such satisfactory completion, shall dismiss the charges.
If such person does not apply for dismissal of the charges against such person after
satisfactorily completing the assigned program, the court, upon receipt of the record of
such person'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 such person and a showing of good cause, the court
may extend the placement period for a reasonable period for such person 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 seven years from the date of application.
(g) At the time the court grants the application for participation in the pretrial drug
education program, such person shall pay to the court a nonrefundable program fee of
three hundred fifty dollars, except that 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 court
may waive all or any portion of such fee depending on such person's ability to pay. 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 drug education program or fails to complete the assigned
program, the three-hundred-fifty-dollar program fee shall not be refunded. All such
program fees shall be credited to the pretrial account.
(h) The Department of Mental Health and Addiction Services shall develop standards and oversee appropriate drug education programs to meet the requirements of
this section and may contract with service providers to provide such programs. The
department shall adopt regulations, in accordance with chapter 54, to establish standards
for such drug education programs.
(i) Any person whose employment or residence or schooling makes it unreasonable
to attend a drug program in this state may attend a program in another state that has
standards similar to, or higher than, those of this state, subject to the approval of the
court and payment of the program fee as provided in this section.
(P.A. 97-248, S. 7, 12; June 18 Sp. Sess. P.A. 97-8, S. 76, 88; P.A. 99-148, S. 1, 4; 99-215, S. 21, 29; June Sp. Sess.
P.A. 01-8, S. 10, 13; P.A. 02-132, S. 36; P.A. 07-148, S. 17.)
History: P.A. 97-248 effective July 1, 1997; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to change the deadline
for establishing the program from October 1, 1997 to January 1, 1998, effective July 1, 1997; P.A. 99-148 amended Subsec.
(a) to make program available to any person charged with a violation of Sec. 21a-279 rather than a violation of only
"subsection (c)" of said section, added Subsec. (d)(4) requiring the person to accept placement in a treatment program,
amended Subsec. (g) to reduce the program fee from $600 to $350, added new Subsec. (i) to authorize a person to attend
a drug program in another state under certain circumstances, and made technical changes for purposes of gender neutrality,
effective July 1, 1999; P.A. 99-215 amended Subsec. (b) by deleting "such information or complaint to be filed as a sealed
information or complaint" and substituting "the court file sealed" and amended Subsec. (e) by deleting "information or
complaint" and substituting "court file", effective June 29, 1999; June Sp. Sess. P.A. 01-8 amended Subsec. (g) by changing
"General Fund" to "pretrial account", effective July 1, 2001; P.A. 02-132 replaced "Bail Commission" with "Court Support
Services Division" in Subsecs. (c) to (g) and made technical changes in Subsec. (h); P.A. 07-148 amended Subsec. (a) by
deleting reference to pilot research drug education program under Sec. 17a-715.