Sec. 54-56q. Pretrial drug intervention and community service program.
Sec. 54-56r. Pretrial impaired driving intervention program.
Sec. 54-64a. Release by judicial authority.
Sec. 54-66a. Automatic termination of bail bonds.
Sec. 54-56q. Pretrial drug intervention and community service program. (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 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 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 of the 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.
(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 unless the division allows such person to participate in the applicable program component in another state pursuant to subdivision (4) of subsection (d) 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) (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, 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 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; P.A. 22-26, S. 39, 40; 22-37, S. 34; P.A. 23-38, S. 5.)
History: June Sp. Sess. P.A. 21-1 effective April 1, 2022; P.A. 22-26 amended Subsec. (d)(4) by replacing “participation costs provided in this section” with “participation costs required by the applicable out-of-state component provider”, amended Subsec. (e)(1) requiring person to pay any program fees and costs required buy an out-of-state component program provider and amended Subsec. (e)(2)(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 a technical change in Subsec. (c)(1); P.A. 23-38 made technical changes in Subsec. (d)(4)(A) and (d)(4)(C).
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Sec. 54-56r. Pretrial impaired driving intervention program. (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 15-140l, 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 driver's instruction 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.
(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.)
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), (a)(2), (m)(1) and (o)(2); P.A. 23-38 made a technical change in Subsec. (e)(3)(A).
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Sec. 54-64a. Release by judicial authority. (a)(1) Except as provided in subdivision (2) of this subsection and subsection (b) or (c) of this section, when any arrested person is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court: (A) Upon execution of a written promise to appear without special conditions, (B) upon execution of a written promise to appear with nonfinancial conditions, (C) upon execution of a bond without surety in no greater amount than necessary, or (D) upon execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.
(2) If the arrested person is charged with no offense other than a misdemeanor, the court shall not impose financial conditions of release on the person unless (A) the person is charged with a family violence crime, as defined in section 46b-38a, or (B) the person requests such financial conditions, or (C) the court makes a finding on the record that there is a likely risk that (i) the arrested person will fail to appear in court, as required, or (ii) the arrested person will obstruct or attempt to obstruct justice, or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, or (iii) the arrested person will engage in conduct that threatens the safety of himself or herself or another person. In making a finding described in this subsection, the court may consider past criminal history, including any prior record of failing to appear as required in court that resulted in any conviction for a violation of section 53a-172 or any conviction during the previous ten years for a violation of section 53a-173 and any other pending criminal cases of the person charged with a misdemeanor.
(3) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, and (H) in the case of a violation of section 53a-222a when the condition of release was issued for a family violence crime, as defined in section 46b-38a, the heightened risk posed to victims of family violence by violations of conditions of release.
(b) (1) Except as provided in subsection (c) of this section, any arrested person charged with the commission of a class A felony, a class B felony, except a violation of section 53a-86 or 53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence crime, as defined in section 46b-38a, is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon such person's execution of a written promise to appear without special conditions, (B) upon such person's execution of a written promise to appear with nonfinancial conditions, (C) upon such person's execution of a bond without surety in no greater amount than necessary, or (D) upon such person's execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.
(2) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearance in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of similar offenses while released on bond, (L) the likelihood based upon the expressed intention of the arrested person that such person will commit another crime while released, and (M) the heightened risk posed to victims of family violence by violations of conditions of release and court orders of protection.
(3) When imposing conditions of release under this subsection, the court shall state for the record any factors under subdivision (2) of this subsection that it considered and the findings that it made as to the danger, if any, that the arrested person might pose to the safety of any other person upon the arrested person's release that caused the court to impose the specific conditions of release that it imposed.
(c) (1) When any arrested person charged with the commission of a serious firearm offense, as defined in section 53a-3, is (A) a serious firearm offender, (B) has two previous convictions for a violation of section 29-36, 29-36a, 53-202, 53-202a, 53-202b, 53-202c, 53-202w, 53-202aa, 53-206i, 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-59, 53a-60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, 53a-217b or 53a-217c, (C) a previous conviction for a violation of section 29-35, in addition to a prior conviction for a violation of section 29-36, 29-36a, 53-202, 53-202a, 53-202b, 53-202c, 53-202w, 53-202aa, 53-206i, 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-59, 53a-60, 53a-60a, 53a-134, 53a-212, 53a-216, 53a-217, 53a-217b or 53a-217c, or (D) two or more convictions during the five-year period immediately prior to the current arrest for a violation of section 21a-277, 21a-278, 53a-122 or 53a-123, is presented before the Superior Court, the court shall, in bailable offenses, promptly order the release of such person after establishing a bond amount found sufficient to reasonably ensure the appearance of the arrested person in court, and that the safety of any other person will not be endangered and upon such person's execution of a bond with or without surety in no greater amount than necessary. The prosecutorial official shall petition for the arrested person to deposit at least thirty per cent of the bond amount directly with the court, and there shall be a rebuttable presumption that the safety of other persons will be endangered without the granting of such petition. Additionally, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.
(2) When any arrested person charged with the commission of a serious firearm offense, as defined in section 53a-3, other than a person described in subdivision (1) of this subsection, is presented before the Superior Court, the court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon such person's execution of a written promise to appear without special conditions, (B) upon such person's execution of a written promise to appear with nonfinancial conditions, (C) upon such person's execution of a bond without surety in no greater amount than necessary, or (D) upon such person's execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety. The prosecutorial official may petition the court to deem such person a serious risk to the safety of another person or persons. The prosecutorial official may present any information developed by federal, state and local law enforcement agencies in the course of a criminal investigation or enforcement action, including, but not limited to, social media posts, pictures or videos threatening violence, claiming responsibility for violence or suggesting possession of a firearm. If the court finds that the arrested person poses a serious risk to the safety of another person or persons, the arrested person may only be released pursuant to subparagraph (C) or (D) of this subdivision and the arrested person shall be required to deposit at least thirty per cent of any bond amount directly with the court. Additionally, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.
(3) The court may, in determining what conditions of release will reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered, consider the following factors: (A) The nature and circumstances of the offense, (B) such person's record of previous convictions, (C) such person's past record of appearances in court after being admitted to bail, (D) such person's family ties, (E) such person's employment record, (F) such person's financial resources, character and mental condition, (G) such person's community ties, (H) the number and seriousness of charges pending against the arrested person, (I) the weight of the evidence against the arrested person, (J) the arrested person's history of violence, (K) whether the arrested person has previously been convicted of similar offenses while released on bond, and (L) the likelihood based upon the expressed intention of the arrested person that such person will commit another crime while released.
(4) When imposing conditions of release under this subsection, the court shall state for the record any factors under subdivision (3) of this subsection that it considered and the findings that it made as to the danger, if any, that the arrested person might pose to the safety of any other person upon the arrested person's release that caused the court to impose the specific conditions of release that the court imposed.
(d) If the court determines that a nonfinancial condition of release should be imposed pursuant to subparagraph (B) of subdivision (1) of subsection (a) or (b) of this section, the court shall order the pretrial release of the person subject to the least restrictive condition or combination of conditions that the court determines will reasonably ensure the appearance of the arrested person in court and, with respect to the release of the person pursuant to subsection (b) or (c) of this section, that the safety of any other person will not be endangered, which conditions may include an order that the arrested person do one or more of the following: (1) Remain under the supervision of a designated person or organization; (2) comply with specified restrictions on such person's travel, association or place of abode; (3) not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or a controlled substance; (4) provide sureties of the peace pursuant to section 54-56f under supervision of a designated bail commissioner or intake, assessment and referral specialist employed by the Judicial Branch; (5) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; (6) maintain employment or, if unemployed, actively seek employment; (7) maintain or commence an educational program; (8) be subject to electronic monitoring; or (9) satisfy any other condition that is reasonably necessary to ensure the appearance of the person in court and that the safety of any other person will not be endangered. The court shall state on the record its reasons for imposing any such nonfinancial condition.
(e) If the arrested person is not released, the court shall order him committed to the custody of the Commissioner of Correction until he is released or discharged in due course of law.
(f) The court may require that the person subject to electronic monitoring pursuant to subsection (d) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, the court shall waive such costs. Any contract entered into by the Judicial Branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed five dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.
(1961, P.A. 38; 1963, P.A. 11; 1967, P.A. 549, S. 12; P.A. 74-183, S. 146, 291; P.A. 76-436, S. 546, 681; P.A. 77-452, S. 39, 72; P.A. 80-313, S. 16; P.A. 81-437, S. 9, 12; P.A. 89-390, S. 13, 37; P.A. 90-213, S. 51; 90-261, S. 9; P.A. 91-406, S. 13, 29; P.A. 99-186, S. 5; 99-187, S. 2; P.A. 00-141, S. 2, 3; P.A. 01-84, S. 25, 26; P.A. 03-278, S. 107; Jan. Sp. Sess. P.A. 08-1, S. 25; P.A. 10-43, S. 25; P.A. 12-133, S. 38; June 12 Sp. Sess. P.A. 12-2, S. 94; P.A. 14-122, S. 60; P.A. 17-145, S. 1; June Sp. Sess. P.A. 17-2, S. 205; P.A. 21-78, S. 16; P.A. 22-37, S. 38; P.A. 23-53, S. 38.)
History: 1963 act added authority for taking a bond when court was not in criminal session by any one authorized under Sec. 54-64; 1967 act, effective October 1, 1968, provided for alternatives to bond with surety and provided for making release arrangements when accused is presented before court; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-452 deleted wording which implies power to refuse accused bail if “custody is found to be necessary to provide reasonable assurance of his appearance”, effective July 1, 1978; P.A. 80-313 restated existing provisions and required that arrested person who is not released be committed to custody of commissioner of correction until released or discharged in due course of law; P.A. 81-437 added provision distinguishing between two types of release upon execution of written promise to appear without special conditions and with nonfinancial conditions; P.A. 89-390 added provisions authorizing the court to order a drug-dependent person to submit to a urinalysis drug test and participate in a program of periodic drug testing and treatment and specifying that the results of any such drug test shall be inadmissible in a criminal proceeding concerning such person; P.A. 90-213 designated former provisions re conditions of release and drug testing as Subsec. (a) and amended said Subsec. to provide that the court find the condition of release sufficient to reasonably assure “that the safety of any other person will not be endangered”, added Subsec. (b) authorizing the court to consider certain enumerated factors in determining the conditions of release that will reasonably assure the appearance of the arrested person in court and that the safety of any other person will not be endangered, added Subsec. (c) specifying conditions the court is authorized to order the arrested person to satisfy when a nonfinancial condition of release is imposed, and designated former provisions re the commitment to the custody of the commissioner of correction of an arrested person who is not released as Subsec. (d); P.A. 90-261 designated former provisions of Subsec. (a) Subsec. (a)(1) and amended said Subdiv. to delete provision requiring court to find the condition of release sufficient to reasonably assure that the safety of any other person will not be endangered and to redesignate Subdivs. (1) to (4) as Subparas. (A) to (D), respectively, redesignated former Subsec. (b) as Subsec. (a)(2) and amended said Subdiv. to redesignate Subdivs. (1) to (7) as Subparas. (A) to (G), respectively, and to delete former Subdiv. (8) re number and seriousness of pending charges, Subdiv. (9) re weight of the evidence, Subdiv. (10) re history of violence, Subdiv. (11) re previous convictions of similar offenses committed while released on bond and Subdiv. (12) re likelihood of commission of another crime while released, added new Subsec. (b) consisting of Subdivs. (1) and (2) being identical to former Subsecs. (a) and (b), respectively, as enacted by P.A. 90-213, but made provisions applicable to persons charged with certain serious specified felonies, and amended Subsec. (c) to revise internal references and provide that the requirement that the condition of release reasonably assure that the safety of any other person will not be endangered is applicable “with respect to the release of the person pursuant to subsection (b) of this section”; P.A. 91-406 substituted “Except as provided in subsection (b) of this section, when” for “when” at the beginning of Subsec. (a)(1); P.A. 99-186 amended Subsec. (b) to make provisions applicable to a person charged with the commission of a family violence crime as defined in Sec. 46b-38a; P.A. 99-187 added new Subsec. (c)(4) providing that the arrested person may be ordered as a condition of release to participate in the zero-tolerance drug supervision program established under Sec. 53a-39d, renumbering Subdivs. (4) to (8) as Subdivs. (5) to (9), respectively, and making technical changes for purposes of gender neutrality; P.A. 00-141 added new Subsec. (c)(9) re electronic monitoring, redesignating former Subdiv. (9) as Subdiv. (10), and added Subsec. (e) re electronic monitoring services; P.A. 01-84 amended Subsec. (b)(1) to delete reference to Sec. 53a-72b as a class D felony since violation of said section was reclassified as a class C felony by June Sp. Sess. P.A. 99-2, and to make technical changes for purposes of gender neutrality, effective July 1, 2001; P.A. 03-278 made technical changes in Subsec. (e), effective July 9, 2003; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to add Subdiv. (3) requiring court to state for the record any factors under Subdiv. (2) that it considered and the findings that it made re danger, if any, that arrested person might pose to safety of any other person upon release that caused the court to impose the specific conditions of release that it imposed, effective January 25, 2008; P.A. 10-43 amended Subsec. (c) to delete former Subdiv. (4) re participation in zero-tolerance drug supervision program and redesignate existing Subdivs. (5) to (10) as Subdivs. (4) to (9); P.A. 12-133 amended Subsec. (c)(4) by adding “or intake, assessment and referral specialist employed by the Judicial Branch”; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (b)(1); P.A. 14-122 made technical changes; P.A. 17-145 amended Subsec. (a) by adding provision re in no event is judge to prohibit bond from being posted by surety in Subdiv. (1)(D), adding new Subdiv. (2) re person charged with no offense other than misdemeanor, redesignating existing Subdiv. (2) as Subdiv. (3) and amending same by deleting “after being admitted to bail” in Subpara. (C), and making technical and conforming changes, effective July 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (b)(1)(D) by adding “but in no event shall a judge prohibit a bond from being posted by surety”, effective October 31, 2017; P.A. 21-78 amended Subsec. (a)(3) to add Subpara. (H) re heightened risk posed to victims of family violence and amended Subsec. (b)(2) to add Subpara. (M) re heightened risk posed to victims of family violence; P.A. 22-37 made technical changes in Subsecs. (a)(1)(C), (a)(3)(H) and (b)(1)(C); P.A. 23-53 added exception for Subsec. (c) in Subsecs. (a)(1) and (b)(1), added new Subsec. (c) re an arrested person charged with a serious firearm offense or a serious firearm offender, redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f), added exception for Subsec. (c) in re designated Subsec. (d) and made a conforming change in re designated Subsec. (f).
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Sec. 54-64f. Violation of conditions of release. Imposition of different or additional conditions. Revocation of release. (a) Upon application by the prosecuting authority alleging that a defendant has violated the conditions of the defendant's release, the court may, if probable cause is found, order that the defendant appear in court for an evidentiary hearing upon such allegations. An order to appear shall be served upon the defendant by any law enforcement officer delivering a copy to the defendant personally, or by leaving it at the defendant's usual place of abode with a person of suitable age and discretion then residing therein, or mailing it by registered or certified mail to the last-known address of the defendant.
(b) Except as provided in subsection (d) of this section, if the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions imposed on the defendant's release it may impose different or additional conditions upon the defendant's release. If the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the defendant has violated reasonable conditions of the defendant's release and that the safety of any other person is endangered while the defendant is on release, it may revoke such release. The revocation of a defendant's release pursuant to this subsection shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released.
(c) Except as provided in subsection (d) of this section, if the defendant is a serious firearm offender or is on release with respect to a serious firearm offense as defined in section 53a-3 or the defendant is on release with respect to an offense for which a term of imprisonment of ten or more years may be imposed and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by clear and convincing evidence that the safety of any other person is endangered while the defendant is on release and that there is probable cause to believe that the defendant has committed a federal, state or local crime while on release, there shall be a rebuttable presumption that the defendant's release should be revoked.
(d) If the defendant is a serious firearm offender as defined in section 53a-3, and is on release with respect to any offense and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by the preponderance of the evidence that there is probable cause to believe that the defendant has committed a serious firearm offense, as defined in section 53a-3, while on release, or if the defendant is on release with respect to any offense referenced in subsection (c) of section 54-64a and the court, after an evidentiary hearing at which hearsay or secondary evidence shall be admissible, finds by the preponderance of evidence that there is probable cause to believe that the defendant has committed a serious firearm offense, the defendant's release shall be revoked.
(e) The revocation of a defendant's release pursuant to this section shall cause any bond posted in the criminal proceeding to be automatically terminated and the surety to be released.
(f) If the defendant commits a serious firearm offense while on pretrial release and is subsequently convicted of any offense for which the defendant was on pretrial release and a serious firearm offense committed while on pretrial release, any bond posted in the criminal proceeding for the offense for which the defendant was on pretrial release shall be forfeited.
(P.A. 90-213, S. 53; P.A. 99-240, S. 11; P.A. 23-53, S. 39.)
History: P.A. 99-240 made hearsay or secondary evidence admissible at an evidentiary hearing and made technical changes for purposes of gender neutrality; P.A. 23-53 added exception for Subsec. (d) in Subsecs. (b) and (c), added provision re automatic termination of bond and release of surety in Subsec. (b), added new Subsec. (d) re serious firearm offender or finding that there is probable cause to believe that defendant has committed serious firearm offense, redesignated existing Subsec. (d) as Subsec. (e), and added Subsec. (f) re defendant who commits serious firearm offense while on pretrial release and is subsequently convicted of any offense for which defendant was on release and serious firearm offense committed while on release.
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Sec. 54-66a. Automatic termination of bail bonds. Any bail bond posted in any criminal proceeding in this state shall be automatically terminated and released whenever the defendant: (1) Is granted accelerated rehabilitation pursuant to section 54-56e; (2) is granted admission to the pretrial alcohol education program pursuant to section 54-56g; (3) is granted admission to the pretrial family violence education program pursuant to section 46b-38c; (4) is granted admission to the pretrial drug education and community service program pursuant to section 54-56i; (5) has the complaint or information filed against such defendant dismissed; (6) has the prosecution of the complaint or information filed against such defendant terminated by entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court and a stay of such sentence, if any, is lifted; (9) is granted admission to the pretrial school violence prevention program pursuant to section 54-56j; (10) is charged with a violation of section 29-33, 53-202l or 53-202w, and prosecution has been suspended pursuant to subsection (i) of section 29-33; (11) is charged with a violation of section 29-37a and prosecution has been suspended pursuant to subsection (i) of section 29-37a; (12) is granted admission to the supervised diversionary program for persons with psychiatric disabilities, or persons who are veterans, pursuant to section 54-56l; (13) is granted admission to a diversionary program for young persons charged with a motor vehicle violation or an alcohol-related offense pursuant to section 54-56p; (14) is granted admission to the pretrial drug intervention and community service program pursuant to section 54-56q; or (15) is granted admission to the pretrial impaired driving intervention program pursuant to section 54-56r.
(P.A. 79-469; P.A. 86-118; P.A. 90-288, S. 2; P.A. 91-218; P.A. 92-139; 92-256, S. 5; May Sp. Sess. P.A. 92-11, S. 50, 70; P.A. 97-287, S. 14; P.A. 98-21, S. 1; 98-59, S. 2, 3; P.A. 01-186, S. 9; P.A. 10-18, S. 27; 10-30, S. 5; P.A. 12-133, S. 22; P.A. 13-159, S. 4; P.A. 14-184, S. 5; 14-207, S. 8; P.A. 18-75, S. 14; June Sp. Sess. P.A. 21-1, S. 171; P.A. 23-53, S. 21.)
History: P.A. 86-118 added provision re the termination and release of a bail bond upon defendant's admission to the pretrial alcohol education system; P.A. 90-288 added provision re the termination and release of a bail bond upon defendant's admission to the pretrial family violence education program; P.A. 91-218 replaced provisions requiring the automatic termination and release of a bail bond whenever a defendant has a fine imposed by the court, whether or not a stay is had or the fine is vacated by the court, or is sentenced by the court but a stay of execution or other delay of imposition of sentence is granted with provisions requiring such automatic termination and release whenever a defendant has the complaint or information filed against him dismissed, is acquitted or is convicted; P.A. 92-139 amended Subdiv. (6) by deleting “is convicted” and inserting “is sentenced by the court”; P.A. 92-256 and May Sp. Sess. P.A. 92-11 changed effective date of P.A. 92-139 from October 1, 1992, to May 27, 1992; P.A. 97-287 added new Subdiv. (4) re automatic termination and release of a bail bond when the defendant is granted admission to the community service labor program pursuant to Sec. 53a-39c, renumbering the remaining Subdivs. accordingly; P.A. 98-21 added new Subdiv. (5) re automatic termination and release of a bail bond when the defendant is granted admission to the pretrial drug education program pursuant to Sec. 54-56i, renumbering the remaining Subdivs. accordingly; P.A. 98-59 revised effective date of P.A. 98-21, but without affecting this section; P.A. 01-186 made a technical change for purposes of gender neutrality in Subsec. (6) and added Subdivs. (9) and (10) re automatic termination of bail bond when defendant is granted admission into pretrial school violence prevention program or is charged with violation of Sec. 29-33 and prosecution is suspended; P.A. 10-18 amended Subdiv. (2) by replacing “system” with “program”; P.A. 10-30 made identical change as P.A. 10-18, effective July 1, 2010; P.A. 12-133 added Subdiv. (11) re automatic termination of bail bond when defendant is granted admission to supervised diversionary program for persons with psychiatric disabilities; P.A. 13-159 substituted “pretrial drug education and community service program” for “pretrial drug education program” in Subdiv. (5); P.A. 14-184 amended Subdiv. (11) to add reference to persons who are veterans; P.A. 14-207 deleted former Subdiv. (4) re admission to the community service labor program pursuant to Sec. 53a-39c, redesignated existing Subdivs. (5) and (6) as Subdivs. (4) and (5), added new Subdiv. (6) re prosecution of complaint or information terminated by entry of nolle prosequi, amended Subdiv. (8) by adding “and a stay of such sentence, if any, is lifted”, amended Subdiv. (10) by adding references to Secs. 53-202l and 53-202w, added new Subdiv. (11) re defendant charged with violation of Sec. 29-37a and prosecution suspended pursuant to Sec. 29-37a(i), and redesignated existing Subdiv. (11) as Subdiv. (12); P.A. 18-75 added Subdiv. (13) re defendant granted admission to diversionary program for young persons charged with motor vehicle violation or alcohol-related offense pursuant to Sec. 54-56p, effective June 4, 2018; June Sp. Sess. P.A. 21-1 added Subdiv. (14) re pretrial drug intervention and community service program and added Subdiv. (15) re pretrial impaired driving intervention program, effective April 1, 2022; P.A. 23-53 amended Subdiv. (10) by changing reference to Sec. 29-33(h) to Sec. 29-33(i).
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