Connecticut Seal

General Assembly

 

Raised Bill No. 5553

February Session, 2012

 

LCO No. 2691

 

*02691_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING SUBSTANCE ABUSE PROGRAMS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (i) of section 14-111 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(i) (1) Whenever any person has been convicted of any violation of section 14-110, 14-147, 14-215, 14-222 or 14-224 and such person's license has been suspended by the commissioner, such person may make application to the commissioner for the reversal or reduction of the term of such suspension. Such application shall be in writing and shall state specifically the reasons why such applicant believes that the applicant is entitled to such reversal or reduction. The commissioner shall consider each such application and the applicant's driver control record, as defined in section 14-111h, and may grant a hearing to the applicant in accordance with the provisions of chapter 54 and section 14-4a.

(2) Any person whose license has been revoked in accordance with subparagraph (C) of subdivision (3) of subsection (g) of section 14-227a may, at any time after [six] two years from the date of such revocation, request a hearing before the commissioner, conducted in accordance with the provisions of chapter 54, and the provisions of subdivision (1) of this subsection for reversal or reduction of such revocation. The commissioner shall require such person to provide evidence that any reversal or reduction of such revocation shall not endanger the public safety or welfare. Such evidence shall include, but not be limited to, proof that such person has successfully completed an alcohol education and treatment program, and proof that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding [six] two years. The commissioner shall require any person, as a condition of granting such reversal or reduction, to install and maintain an approved ignition interlock device, in accordance with the provisions of subsection (i) of section 14-227a. The approved ignition interlock device shall be installed and maintained for [a period of ten years after the date of the granting of such reversal or reduction] any period during the lifetime of such person in which such person owns or operates a motor vehicle. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish standards to implement the provisions of this section.

Sec. 2. Subsection (l) of section 14-227a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(l) If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by 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 any drug, or both. Such organization may assess a participation fee of not more than [twenty-five] seventy-five dollars on any person required by the court to participate in such program.

Sec. 3. (NEW) (Effective from passage) (a) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a of the general statutes for a conviction of a violation of subsection (a) of said section or under section 14-227b of the general statutes for a second or subsequent violation shall, if required by the Commissioner of Motor Vehicles, participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles. The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such participant until such participant submits evidence to the commissioner that such participant has complied with the requirements of this section. Any person whose certificate is suspended or revoked pursuant to section 15-132a, 15-133, 15-140l or 15-140n of the general statutes shall participate in such treatment program.

(b) The treatment program shall be designed by the commissioner, with the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b of the general statutes, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by the commissioner, provided the entire costs of the program shall be paid from fees charged to the participants, the amounts of which shall be subject to the approval of the commissioner.

(c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substantial treatment program for alcohol or drug addiction, or has completed such a program subsequent to the petitioner's most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician based upon a personal examination, have a current addiction problem which affects the petitioner's ability to operate a motor vehicle in a safe manner or pose a significant risk of having such a problem in the foreseeable future. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54 of the general statutes.

Sec. 4. (NEW) (Effective from passage) Any person whose motor vehicle operator's license or nonresident operating privilege was suspended under subsection (g) of section 14-227a of the general statutes for a conviction of a violation of subsection (a) of said section or under section 14-227b of the general statutes for a second or subsequent violation, and any person whose certificate was suspended or revoked pursuant to section 15-132a, 15-133, 15-140l or 15-140n of the general statutes, who was participating in a treatment program under section 14-227f of the general statutes in effect on December 31, 2011, or eligible to participate in said program on December 31, 2011, may complete participation in such program or an equivalent program designated by the Commissioner of Motor Vehicles and seek reinstatement of the operator's license or nonresident operating privilege of such person if (1) the person commences participation in such program not later than December 31, 2012, and (2) the person submits evidence to the Commissioner of Motor Vehicles that such person has complied with the requirements of said section 14-227f not later than June 30, 2014.

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2013

14-111(i)

Sec. 2

July 1, 2012

14-227a(l)

Sec. 3

from passage

New section

Sec. 4

from passage

New section

Statement of Purpose:

To: (1) Revise the penalty for a third conviction of operating a motor vehicle under the influence to allow reinstatement of an operator's license after two years with lifetime installation and maintenance of an approved ignition interlock device, (2) provide conformity for the victim impact panel program fees by amending one reference to such fee to reflect the amount of seventy-five dollars, and (3) permit persons who were eligible to participate in the Department of Motor Vehicles treatment and assessment program that was repealed effective January 1, 2012, to complete participation in such program and seek reinstatement of an operator's license or nonresident operating privilege in accordance with the requirements of the program that were in effect December 31, 2011, and establish a similar optional program for new offenders.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]