§ 54-56r — Pretrial impaired driving intervention program.

Connecticut § 54-56r

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 960: Information, Procedure and Bail

Text

(a)(1) There is established a pretrial impaired driving 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 impaired driving intervention program under this section or the pretrial alcohol education program established under section 54-56g , within ten years immediately preceding the application; (B) Who has been convicted of a violation of section 14-227a , 14-227g , 14-227m , 14-227n , 15-132a , subsection (d) of section 15-133 or section 15-140 l , 15-140n , 53a-56b or 53a-60d ; (C) Who has been convicted in any other state at any time of an offense the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of this subdivision; (D) Who is charged with a violation of section 14-227a , 14-227g , 14-227m or 14-227n (i) and held a commercial driver's license or commercial learner's permit at the time of the violation; or (ii) while operating a commercial motor vehicle, as defined in section 14-1 ; or (3) Whose alleged violation caused the serious physical injury, as defined in section 53a-3 , of another person, unless good cause is 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, which shall be credited to the Criminal Injuries Compensation Fund established under section 54-215 , and a nonrefundable evaluation fee of one hundred fifty dollars, 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 (e) 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 (i) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (ii) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; (F) To satisfactorily complete the program, the applicant may be required to participate in additional substance use treatment after completing the alcohol education or substance use treatment component of the program that the Court Support Services Division directs the applicant to attend pursuant to subsection (e) of this section, if a program component provider recommends such additional treatment and the division deems it appropriate pursuant to subdivision (3) of subsection (j) of this section, or the court orders the additional treatment. (c) (1) Immediately following application, the applicant shall send notice, by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator, to any victim who sustained a serious physical injury, as defined in section 53a-3 , as a result of the applicant's alleged violation. The notice shall inform each such victim that the applicant has applied to participate in the pretrial impaired driving intervention program and that the victim has an opportunity to be heard by the court on the application. The court shall provide each such victim an opportunity to be heard prior to granting an application under this section. (2) If the court determines that any person not entitled to notice pursuant to subdivision (1) of this subsection should be provided an opportunity to be heard on the application, the court may also require the defendant or the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case to send notice of the application to any such person. (d) (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, and the statement of any victim and any other person required to be notified pursuant to subsection (c) of this section, may, in its discretion, grant the application for, and place the applicant in, the pretrial impaired driving intervention 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: (A) Refer the person placed in the program to the Court Support Services Division for confirmation of eligibility to participate in the program; and (B) direct the division, (i) if it confirms that such person is eligible for the program, to refer such person to the Department of Mental Health and Addiction Services for evaluation and determination of the appropriate alcohol education or substance use treatment component of the program; or (ii) if it determines that such person is not eligible for the program, to inform the court of such determination and return such person's case to the court for further proceedings. (3) When granting an application and placing an applicant in the program, the court (A) shall order the applicant to participate in the alcohol education or substance use treatment component of the program recommended by the evaluation conducted pursuant to subparagraph (B)(i) of subdivision (2) of this subsection, and (B) may also order the applicant to participate in a victim impact component for which the applicant must attend a victim impact panel provided by an organization approved by the Court Support Services Division pursuant to subsection (h) of this section. (e) (1) Except as provided in subdivision (3) of this subsection, upon receipt of the evaluation of any person placed in the program conducted pursuant to subparagraph (B)(i) of subdivision (2) of subsection (d) 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 alcohol education or substance use treatment component services recommended by such evaluation; and (B) direct such person to attend the recommended alcohol education or substance use treatment component within ninety days unless the division determines that a later start date is appropriate. In making the determination of whether a later start date is appropriate, the division may consider any relevant factors, including, but not limited to, the date upon which the suspension of such person's motor vehicle operator's license pursuant to section 14-227b will expire. (2) If the court has ordered any person placed in the program to participate in a victim impact component, the division shall (A) refer such person to an organization approved to conduct victim impact panels in accordance with subsection (h) of this section; and (B) direct such person to attend an appropriate victim impact panel. (3) 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 program 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 components of the program in another state pays the applicable program fee and participation costs required by the applicable out-of-state program component provider. (4) If the division determines that any person placed in the program has either 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 (A) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (B) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section, the division shall inform the court and return such person's case to court for further proceedings. (f) (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 alcohol 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, unless the division allows such person to participate in the applicable program component in another state pursuant to subdivision (3) of subsection (e) of this section, in which case such person shall pay the program fee and participation costs required by the out-of-state program component provider. All program fees shall be credited to the pretrial account established under section 54-56k . (2) Any person directed to attend the victim impact component shall, at the time such person attends the victim impact panel, pay the organization conducting the victim impact panel the participation fee required by such organization. (3) (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 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 alcohol 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 alcohol 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, the court shall not waive any fee or cost required by any out-of-state program component provider, and the Department of Mental Health and Addiction Services shall not pay any fees or costs associated with education or substance use treatment provided outside of this state. (g) (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 (A) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (B) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section, 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 (m) 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 (f) 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 (f) of this section shall be refunded. (h) The Court Support Services Division shall approve 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 drugs, or both, to provide victim impact panels for the victim impact component of the program. Victim impact panels shall provide a non-confrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences of the impact of alcohol-related or drug-related incidents in their lives. Such organization may assess a participation fee of not more than seventy-five dollars per panel on any person ordered to participate in the victim impact component of the program, provided that such organization offers a hardship waiver of the participation fee when it determines that the imposition of the fee would pose an economic hardship for such person. (i) The Department of Mental Health and Addiction Services shall administer the alcohol education component of the program and shall adopt regulations, in accordance with chapter 54, to establish standards for such alcohol education component. The department may contract with service providers to provide the appropriate alcohol education component in accordance with the provisions of this section. The department may combine the services for the alcohol education component of the program under the provisions of this section with the services for the drug education component of the drug intervention and community service program under section 54-56q , if necessary to ensure the appropriate and timely access to court ordered education components. Participation by a person in any combined alcohol and drug education services provided by the department for the alcohol 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 drug intervention and community service program under the provisions of section 54-56q . (j) (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 (e) of this section or a reinstatement under subsection (m) 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 alcohol 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 (A) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (B) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section, 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 alcohol 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 impaired driving intervention 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. (k) (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 impaired driving intervention 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 impaired driving intervention 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. (l) 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 (f) 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 (m) 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. (m) (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 grant such person reinstatement into the program. When granting such reinstatement, the court shall order the defendant to participate in an appropriate alcohol education, substance use treatment or victim impact component of the program. (2) Any person reinstated into the program shall: (A) If ordered to participate in the alcohol 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 cost waived under subdivision (3) of subsection (f) of this section and such person participates in the applicable alcohol 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. (n) (1) If any person applies for both the pretrial impaired driving intervention program under the provisions of this section and the pretrial drug intervention and community service program pursuant to section 54-56q , for charges arising from the same arrest, and the Department of Mental Health and Addiction Services, a licensed substance use treatment provider, the Department of Veterans Affairs or the United States Department of Veterans Affairs has already completed the required evaluation and determination of the appropriate drug education or substance use treatment component pursuant to section 54-56q , 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 alcohol 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 54-56q . (2) If any person is placed in both the pretrial impaired driving intervention program under the provisions of this section and the pretrial drug intervention and community service program pursuant to section 54-56q , for charges arising from the same arrest, the court may find that (A) such person's successful completion of the drug education component of the pretrial drug intervention and community service program pursuant to section 54-56q , satisfies such person's required participation in the alcohol education component of the pretrial impaired driving intervention program under the provisions of this section; or (B) such person's successful completion of the substance use treatment component of the pretrial drug intervention and community service program pursuant to section 54-56q , satisfies such person's required participation in the substance use treatment component of the pretrial impaired driving intervention program under the provisions of this section. (3) Nothing in this subsection shall relieve any person placed in both the pretrial impaired driving intervention program pursuant to this section and the pretrial drug intervention and community service program pursuant to section 54-56q , for charges arising from the same arrest, from the requirement to participate in the: (A) Victim impact component of the pretrial impaired driving intervention program, if ordered by the court under the provisions of this section, in order to satisfactorily complete the pretrial impaired driving intervention program; or (B) Community service component of the pretrial drug intervention and community service program pursuant to section 54-56q , in order to satisfactorily complete the pretrial drug intervention and community service program. (o) (1) The Court Support Services Division shall retain a record of participation in the pretrial impaired driving intervention 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. (2) For any person charged with a violation of section 14-227a , 14-227g , 14-227m or 14-227n whose charges were dismissed pursuant to the provisions of this section, the division shall transmit to the Department of Motor Vehicles the record of such person's participation in the program. The Department of Motor Vehicles shall maintain the record of any person's participation in such program as part of such person's driving record for a period of ten years. (3) For any person charged with a violation of subsection (d) of section 15-133 or section 15-140n whose charges were dismissed pursuant to the provisions of this section, the division shall transmit to the Department of Energy and Environmental Protection the record of such person's participation in the program. The Department of Energy and Environmental Protection shall maintain the record of any person's participation in such program as a part of such person's boater certification record for a period of ten years.

Legislative History

(June Sp. Sess. P.A. 21-1, S. 167; P.A. 22-26, S. 41, 42; 22-37, S. 35–37; P.A. 23-38, S. 6; P.A. 24-20, S. 28; 24-24, S. 26.) History: June Sp. Sess. P.A. 21-1 effective April 1, 2022; P.A. 22-26 amended Subsec. (e)(3) by replacing “participation costs provided in this section” with “participation costs required by the applicable out-of-state program component provider”, amended Subsec. (f)(1) requiring person to pay any program fees and costs required buy an out-of-state component program provider and amended Subsec. (f)(3)(E) providing that court shall not waive any fee or cost required by out-of-state component program provider and making technical changes; P.A. 22-37 made technical changes in Subsecs. (a)(1) and (2), (m)(1) and (o)(2); P.A. 23-38 made a technical change in Subsec. (e)(3)(A); P.A. 24-20 amended Subsec. (a)(2)(D) by replacing reference to commercial driver's instruction permit with reference to commercial learner's permit; P.A. 24-24 made a technical changes in Subsec. (n)(3)(A).