Substitute Senate Bill No. 655
Substitute Senate Bill No. 655
PUBLIC ACT NO. 97-199
AN ACT CONCERNING COMMUNITY SERVICE AND THE
COMMUNITY COURT PILOT PROGRAM.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 53a-28 of the general
statutes is amended by adding subsection (e) as
follows:
(NEW) (e) When granting accelerated
rehabilitation or sentencing a person to a period
of probation who has been convicted of (1) a
misdemeanor that did not involve the use,
attempted use or threatened use of physical force
against another person or (2) a motor vehicle
violation for which a sentence to a term of
imprisonment may be imposed, the court shall
consider, as a condition of such sentence of
probation or as a condition of accelerated
rehabilitation, ordering the person to perform
community service in the community in which the
offense or violation occurred. If the court
determines that community service is appropriate,
such community service may be implemented by a
community court established in accordance with
section 2 of this act if the offense is committed
within the jurisdiction of a community court
established by section 2 of this act.
Sec. 2. (NEW) (a) The Chief Court
Administrator shall designate one court location
in which a community court pilot program is to be
established where there shall be a docket separate
from other criminal matters for the hearing of (1)
criminal matters which are misdemeanor cases, (2)
misdemeanor cases transferred by the housing
session of the Superior Court, and (3) violations
of municipal ordinances referred by
municipalities, in accordance with policies and
procedures established by the Chief Court
Administrator.
(b) The community court may accept transfers
and referrals of cases pursuant to subdivisions
(1) and (2) of subsection (a) of this section. The
community court may order any person to
participate in a community service program, (1) if
the person has not previously been placed in such
program, the court may suspend prosecution and
place such person in such program or, upon a plea
of guilty without trial, suspend any sentence of
imprisonment and make participation in such
program a condition of probation or conditional
discharge in accordance with section 53a-30 of the
general statutes, as amended by section 3 of this
act, or (2) if such person has previously been
placed in such program, the court may, upon a plea
of guilty without trial, suspend any sentence of
imprisonment and make participation in such
program a condition of probation or conditional
discharge in accordance with said section 53a-30.
(c) Any person for whom prosecution is
suspended and who is placed in the community
service program pursuant to subdivisions (1) and
(2) of subsection (a) of this section shall agree
to the tolling of the statute of limitations with
respect to such crime and to a waiver of his right
to a speedy trial. If the program monitor
certifies to the court that such person
successfully completed the community service
program, the court shall make a finding of such
satisfactory completion and dismiss the charges.
If the program monitor certifies to the court that
such person did not successfully complete the
community service program to which he was assigned
or is no longer amendable to participate in such
program, the court shall enter a plea of not
guilty for such person and transfer the case to
the regular criminal docket and immediately place
the case on the trial list except that cases
accepted from the housing session pursuant to
subdivision (2) of subsection (a) of this act
shall be returned to the housing session.
(d) The community court may accept transfers
and referrals of violations of municipal
ordinances under subdivision (3) of subsection (a)
of this section whether or not any such person has
been found guilty of such violation prior to such
referral to community court. The community court
may order any such person to participate in a
community service program up to a maximum of
twenty hours in lieu of, or in addition to, a fine
for such violation. If the program monitor
certifies to the court that such person
successfully completed the community service
program, the court shall make a finding of such
satisfactory completion and dismiss the charges.
(e) The Chief Court Administrator shall
establish policies and procedures to implement
such pilot program and on or before January 1,
1998, shall report recommendations for the
possible expansion to two additional pilot sites
to the judiciary committee of the General
Assembly.
Sec. 3. Section 53a-30 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) When imposing sentence of probation or
conditional discharge, the court may, as a
condition of the sentence, order that the
defendant: (1) Work faithfully at a suitable
employment or faithfully pursue a course of study
or of vocational training that will equip him for
suitable employment; (2) undergo medical or
psychiatric treatment and remain in a specified
institution, when required for that purpose; (3)
support his dependents and meet other family
obligations; (4) make restitution of the fruits of
his offense or make restitution, in an amount he
can afford to pay or provide in a suitable manner,
for the loss or damage caused thereby and the
court may fix the amount thereof and the manner of
performance; (5) if a minor, (A) reside with his
parents or in a suitable foster home, (B) attend
school, and (C) contribute to his own support in
any home or foster home; (6) post a bond or other
security for the performance of any or all
conditions imposed; (7) refrain from violating any
criminal law of the United States, this state or
any other state; (8) if convicted of a misdemeanor
or a felony, other than a capital felony, a class
A felony or a violation of section 21a-278,
21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58
or 53a-70b or any offense for which there is a
mandatory minimum sentence which may not be
suspended or reduced by the court, and any
sentence of imprisonment is suspended, participate
in an alternate incarceration program; (9) reside
in a residential community center or halfway house
approved by the Commissioner of Correction, and
contribute to the cost incident to such residence;
(10) participate in a program of community service
labor in accordance with section 53a-39c; (11)
PARTICIPATE IN A PROGRAM OF COMMUNITY SERVICE IN
ACCORDANCE WITH SECTION 2 OF THIS ACT; (12) if
convicted of a violation of subdivision (2) of
section 53-21, section 53a-70, 53a-70a, 53a-70b,
53a-71, 53a-72a or 53a-72b, undergo specialized
sexual offender treatment; [(12)] (13) satisfy any
other conditions reasonably related to his
rehabilitation. The court shall cause a copy of
any such order to be delivered to the defendant
and to the probation officer, if any.
(b) When a defendant has been sentenced to a
period of probation, the Office of Adult Probation
may require that the defendant comply with any or
all conditions which the court could have imposed
under subsection (a) which are not inconsistent
with any condition actually imposed by the court.
(c) At any time during the period of probation
or conditional discharge, after hearing and for
good cause shown, the court may modify or enlarge
the conditions, whether originally imposed by the
court under this section or otherwise, and may
extend the period, provided the original period
with any extensions shall not exceed the periods
authorized by section 53a-29. The court shall
cause a copy of any such order to be delivered to
the defendant and to the probation officer, if
any.
(d) The period of participation in an
alternate incarceration program, unless terminated
sooner, shall not exceed the period of probation
authorized by section 53a-29 or two years,
whichever is less.
Sec. 4. On or before February 1, 1998, the
Chief Court Administrator shall report to the
joint standing committee of the General Assembly
having cognizance of matters relating to judiciary
the number of persons ordered by the community
court established pursuant to section 2 of this
act to perform community service. Such report
shall include the number of persons who
successfully completed the program, the number of
such persons who failed to successfully complete
the program and shall specify such statistics for
persons referred to the community court for
violations of municipal ordinances.
Sec. 5. Subsection (b) of section 7-148 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) Powers granted to any municipality under
the general statutes or by any charter or special
act, unless the charter or special act provides to
the contrary, shall be exercised by ordinance when
the exercise of such powers has the effect of:
(1) Establishing rules or regulations of
general municipal application, the violation of
which may result in the imposition of a fine or
other penalty INCLUDING COMMUNITY SERVICE FOR NOT
MORE THAN TWENTY HOURS; or
(2) Creating a permanent local law of general
applicability.
Approved June 24, 1997