§ 17a-694 — (Formerly Sec. 19a-127c). Examination for alcohol or drug dependency. Report.

Connecticut § 17a-694

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319j: Addiction Services

Text

(a) The Commissioner of Mental Health and Addiction Services or the commissioner's designee shall appoint one or more clinical examiners to conduct examinations for alcohol or drug dependency ordered pursuant to the provisions of section 17a-693. Each examiner shall be authorized by the department to conduct independent evaluations. (b) (1) The examiner shall determine whether the person being examined was an alcohol-dependent or drug-dependent person at the time of the crime. The commissioner shall disclose to the examiner information contained in the Department of Mental Health and Addiction Service's database concerning the date that the person received treatment for alcohol or drug dependence, if at all, and the location where such treatment was provided, for the purpose of allowing the examiner to request a release of treatment information from the department for the person. (2) If such person is determined to have been dependent on alcohol or drugs, the examiner shall further determine (A) the history and pattern of the dependency, and (B) whether the person presently needs and is likely to benefit from treatment for the dependency. If the examiner determines that the person presently needs and is likely to benefit from treatment, the examiner shall recommend treatment and state the date when space will be available in an appropriate treatment program, provided such date shall not be more than forty-five days from the date of the examination report. A recommendation for treatment shall include provisions for appropriate placement and the type and length of treatment and may include provisions for outpatient treatment. (c) The examiner shall prepare and sign, without notarization, a written examination report and deliver it to the court, the Court Support Services Division, the state's attorney and defense counsel no later than thirty days after the examination was ordered. An examination report ordered pursuant to this section and section 17a-693 shall otherwise be confidential and not open to public inspection or subject to disclosure. (d) No statement made by the person in the course of an examination under the provisions of this section may be admitted in evidence on the issue of guilt in a criminal proceeding concerning the person. (e) No person shall be denied an examination or participation in a program under this section for inability to pay any cost or fee associated with such examination or program, provided (1) the person files with the court an affidavit of indigency or inability to pay and the court enters a finding thereof, or (2) 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 such cost or fee, if such cost or fee is waived.

Legislative History

(P.A. 89-390, S. 4, 37; P.A. 93-142, S. 1, 8; 93-381, S. 9, 39; P.A. 95-257, S. 5, 58; June 18 Sp. Sess. P.A. 97-8, S. 14, 88; P.A. 02-132, S. 4; P.A. 14-138, S. 5; P.A. 21-102, S. 17.) History: P.A. 93-142 amended Subsec. (c) by making examination report ordered pursuant to this section and Sec. 19a-127b confidential; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission and executive director with department and commissioner of public health and addiction services, respectively, effective July 1, 1993; Sec. 17a-651 transferred to Sec. 19a-127c in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-127c transferred to Sec. 17a-694 in 1997; June 18 Sp. Sess. P.A. 97-8 replaced references to examining committee with clinical examiner, effective July 1, 1997; P.A. 02-132 amended Subsec. (c) by replacing “Office of Adult Probation” with “Court Support Services Division”; P.A. 14-138 amended Subsec. (b) by designating existing provisions re examiner to determine whether person was alcohol-dependent or drug-dependent at the time of the crime as Subdiv. (1) and amending same by adding provision re commissioner to disclose information to the examiner, and by designating existing provisions re person determined to have been dependent on alcohol or drugs as Subdiv. (2), and made technical changes in Subsecs. (a) and (b); P.A. 21-102 added Subsec. (e) re prohibition on denying a person an examination or program for inability to pay. Annotations to former section 17a-651: Cited. 223 C. 907; 226 C. 191. Cited. 27 CA 225.