Senate Bill No. 614
               Senate Bill No. 614

              PUBLIC ACT NO. 98-208


AN  ACT  CONCERNING  ELIGIBILITY  FOR THE PRETRIAL
ACCELERATED REHABILITATION PROGRAM.

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  54-56e  of  the  general
statutes, as amended by section 10 of  public  act
97-248,   is   repealed   and   the  following  is
substituted in lieu thereof:
    (a)  There  shall  be  a  pretrial program for
accelerated rehabilitation of persons accused of a
crime  or  crimes  or a motor vehicle violation or
violations for which  a  sentence  to  a  term  of
imprisonment  may  be  imposed,  which  crimes  or
violations are not of a serious nature.
    (b)  The  court may, in its discretion, invoke
such program on motion  of  the  defendant  or  on
motion   of  a  state's  attorney  or  prosecuting
attorney with respect to an accused (1)  who,  the
court  believes,  will  probably not offend in the
future,  (2)  who  has  no  previous   record   of
conviction of a crime or of a violation of section
14-196, subsection (c) of section 14-215,  section
14-222a,  subsection  (a)  of  section  14-224  or
section 14-227a, (3) who has not  previously  been
adjudged  a youthful offender under the provisions
of sections 54-76b to 54-76n, inclusive,  and  (4)
who states under oath, in open court or before any
person designated by the clerk and duly authorized
to   administer  oaths,  under  the  penalties  of
perjury that he has never had such program invoked
in  his behalf, provided the defendant shall agree
thereto and provided notice has been given by  the
accused,  on  a form approved by rule of court, to
the victim or  victims  of  such  crime  or  motor
vehicle   violation,  if  any,  by  registered  or
certified mail and such victim or victims have  an
opportunity to be heard thereon. Any defendant who
makes  application  for  participation   in   such
program  shall pay to the court an application fee
of thirty-five dollars.
    (c)  This  section  shall  not  be applicable:
[to] (1) TO any person charged with a class  A  or
class  B felony or a violation of section 14-227a,
subdivision (2) of section 53-21, section 53a-56b,
53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a
or 53a-72b, [or] (2) TO ANY PERSON CHARGED WITH  A
CRIME  OR MOTOR VEHICLE VIOLATION WHO, AS A RESULT
OF THE COMMISSION OF SUCH CRIME OR  MOTOR  VEHICLE
VIOLATION, CAUSES THE DEATH OF ANOTHER PERSON, (3)
to any person accused of a family  violence  crime
as  defined  in  section  46b-38a who [(1)] (A) is
eligible  for   the   pretrial   family   violence
education   program   established   under  section
46b-38c, or  [(2)]  (B)  has  previously  had  the
pretrial family violence education program invoked
in his behalf, [. Unless] OR (4) UNLESS good cause
is  shown,  [this section shall not be applicable]
to any person charged with a class C felony.
    (d)  Any  defendant  who  enters  such program
shall pay to the court a participation fee of  one
hundred  dollars.  Any  defendant  who enters such
program shall agree to the tolling of any  statute
of limitations with respect to such crime and to a
waiver of his right to a speedy  trial.  Any  such
defendant  shall  appear in court and shall, under
such conditions  as  the  court  shall  order,  be
released  to  the  custody  of the Office of Adult
Probation, except that, if a criminal  docket  for
drug-dependent   persons   has   been  established
pursuant to section 51-181b, as amended  by  [this
act]  PUBLIC ACT 97-248, in the judicial district,
such defendant  may  be  transferred,  under  such
conditions  as the court shall order, to the court
handling  such  docket  for  supervision  by  such
court.  If  the  defendant  refuses to accept, or,
having accepted,  violates  such  conditions,  his
case shall be brought to trial. The period of such
probation  or  supervision,  or  both,  shall  not
exceed two years. If the defendant has reached the
age of sixteen years but has not reached  the  age
of  eighteen  years, the court may order that as a
condition  of  such  probation  the  defendant  be
referred  for  services  to a youth service bureau
established pursuant to section  17a-39,  provided
the  court finds, through an assessment by a youth
service bureau or its designee, that the defendant
is  in  need  of  and  likely to benefit from such
services.
    (e)  If a defendant released to the custody of
the  Office  of  Adult  Probation   satisfactorily
completes  his  period  of probation, he may apply
for dismissal of the charges against him  and  the
court,  on  finding  such satisfactory completion,
shall dismiss such charges. If the defendant  does
not apply for dismissal of the charges against him
after  satisfactorily  completing  his  period  of
probation,  the  court,  upon  receipt of a report
submitted by the Office of  Adult  Probation  that
the  defendant satisfactorily completed his period
of probation, may on its own motion make a finding
of  such  satisfactory completion and dismiss such
charges. If a defendant transferred to  the  court
handling  the  criminal  docket for drug-dependent
persons satisfactorily  completes  his  period  of
supervision, the court shall release the defendant
to the custody of the Office  of  Adult  Probation
under  such conditions as the court shall order or
shall dismiss such charges.  Upon  dismissal,  all
records  of  such charges shall be erased pursuant
to section 54-142a. An order of the court  denying
a   motion   to  dismiss  the  charges  against  a
defendant  who  has  completed   his   period   of
probation   or   supervision  or  terminating  the
participation of a defendant in such program shall
be a final judgment for purposes of appeal.
    Sec.  2.  This  act  shall take effect July 1,
1998.

Approved June 8, 1998