Substitute House Bill No. 6940

Public Act No. 99-187

An Act Concerning the Zero-Tolerance Drug Supervision Program.

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

Section 1. Subsection (b) of section 54-63d of the general statutes is repealed and the following is substituted in lieu thereof:

(b) In addition to or in conjunction with any of the conditions enumerated in subdivisions (1) to (4), inclusive, of subsection (a) of this section, the bail commissioner may impose nonfinancial conditions of release, which may require that the arrested person do any of the following: (1) Remain under the supervision of a designated person or organization; (2) comply with specified restrictions on [his] 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 controlled substance; (4) participate in the zero-tolerance drug supervision program established under section 53a-39d, as amended by this act; (5) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; or [(5)] (6) satisfy any other condition that is reasonably necessary to assure the appearance of the person in court. Any of the conditions imposed under subsection (a) of this section and this subsection by the bail commissioner shall be effective until the appearance of such person in court.

Sec. 2. Subsection (c) of section 54-64a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) 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 assure the appearance of the arrested person in court and, with respect to the release of the person pursuant to subsection (b) of this section, that the safety of any other person will not be endangered, which conditions may include an order that [he] 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 [his] 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) participate in the zero-tolerance drug supervision program established under section 53a-39d, as amended by this act; (5) provide sureties of the peace pursuant to section 54-56f under supervision of a designated bail commissioner; [(5)] (6) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; [(6)] (7) maintain employment or, if unemployed, actively seek employment; [(7)] (8) maintain or commence an educational program; [(8)] or (9) satisfy any other condition that is reasonably necessary to assure 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.

Sec. 3. Section 53a-39d of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Not later than October 1, 1998, the Chief Court Administrator shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to (1) individuals who are eligible to be sentenced by the court to a period of probation, pursuant to section 53a-29, and have been ordered by the court, as a condition of such probation, to participate in the program, (2) individuals who are eligible to be released on bail under section 54-63d or 54-64a, as amended by this act, and have been required by the bail commissioner or the court, as a condition of release, to participate in the program, (3) individuals who have been sentenced to a period of probation and, in the judgment of their probation officers, have violated the conditions of such probation and been referred to the program by their probation officers pursuant to subsection (a) of section 53a-32, as amended by this act, and (4) individuals who have been ordered by the court, as a condition of probation, to participate in the program pursuant to subsection (d) of section 54-56e, as amended by this act, or subsection (b) of section 54-76j, as amended by this act, and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Chief Court Administrator.

(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, (3) comply with all rules established by the halfway house if detained in such facility, and (4) waive the right to a hearing.

(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant shall be detained in a halfway house facility for a period of two days.

(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Judicial Department shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant shall be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

(e) A participant enrolled in the zero-tolerance drug supervision program as a condition of probation may be charged with a violation of probation, if the participant's probation officer determines that the participant has violated the conditions of probation or the conditions of the program. A participant enrolled in the zero-tolerance drug supervision program as a condition of release may be charged with a violation of the conditions of such person's release, if a bail commissioner determines that the participant has violated the conditions of such person's release or the conditions of the program.

(f) Not later than January 1, 2000, the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator shall submit a report on the pilot zero-tolerance drug supervision program to the joint standing committee of the General Assembly having cognizance of matters relating to criminal justice.

Sec. 4. Section 53a-32 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) At any time during the period of probation or conditional discharge, the court or any judge thereof may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation or conditional discharge, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the defendant. Any such warrant shall authorize all officers named therein to return the defendant to the custody of the court or to any suitable detention facility designated by the court. Whenever a defendant has, in the judgment of such defendant's probation officer, violated the conditions of such defendant's probation, the probation officer may, in lieu of having such defendant returned to court for proceedings in accordance with this section, place such defendant in the zero-tolerance drug supervision program established pursuant to section 53a-39d, as amended by this act. Whenever a sexual offender, as defined in section 54-260, has violated the conditions of [his] such person's probation by failing to notify [his] such person's probation officer of any change of [his] such person's residence address, as required by said section, such probation officer may notify any police officer that such person has, in [his] such officer's judgment, violated the conditions of [his] such person's probation and such notice shall be sufficient warrant for the police officer to arrest such person and return [him] such person to the custody of the court or to any suitable detention facility designated by the court. Any probation officer may arrest any defendant on probation without a warrant or may deputize any other officer with power to arrest to do so by giving [him] such other officer a written statement setting forth that the defendant has, in the judgment of the probation officer, violated the conditions of [his] the defendant's probation. Such written statement, delivered with the defendant by the arresting officer to the official in charge of any correctional center or other place of detention, shall be sufficient warrant for the detention of the defendant. After making such an arrest, such probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Provisions regarding release on bail of persons charged with a crime shall be applicable to any defendant arrested under the provisions of this section. Upon such arrest and detention, the probation officer shall immediately so notify the court or any judge thereof. Thereupon, or upon an arrest by warrant as herein provided, the court shall cause the defendant to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing the defendant shall be informed of the manner in which [he] such defendant is alleged to have violated the conditions of [his] such defendant's probation or conditional discharge, shall be advised by the court that [he] such defendant has the right to retain counsel and, if indigent, shall be entitled to the services of the public defender, and shall have the right to cross-examine witnesses and to present evidence in [his] such defendant's own behalf.

(b) If such violation is established, the court may: (1) Continue the sentence of probation or conditional discharge; (2) modify or enlarge the conditions of probation or conditional discharge; (3) extend the period of probation or conditional discharge, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29; or (4) revoke the sentence of probation or conditional discharge. If such sentence is revoked, the court shall require the defendant to serve the sentence imposed or impose any lesser sentence. Any such lesser sentence may include a term of imprisonment, all or a portion of which may be suspended entirely or after a period set by the court, followed by a period of probation with such conditions as the court may establish. No such revocation shall be ordered, except upon consideration of the whole record and unless such violation is established by the introduction of reliable and probative evidence and by a preponderance of the evidence.

Sec. 5. Subsection (d) of section 54-56e of the general statutes is repealed and the following is substituted in lieu thereof:

(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] the 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 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] the defendant's case shall be brought to trial. The period of such probation or supervision, or both, shall not exceed two years. The court may order that as a condition of such probation the defendant participate in the zero-tolerance drug supervision program established pursuant to section 53a-39d, as amended by this act. 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.

Sec. 6. Section 54-76j of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The court, upon the adjudication of any person as a youthful offender, may (1) commit the defendant, (2) impose a fine not exceeding one thousand dollars, (3) impose a sentence of conditional discharge or a sentence of unconditional discharge, (4) impose a sentence of community service, (5) impose a sentence to a term of imprisonment not greater than that authorized for the crime committed by the defendant, (6) impose sentence and suspend the execution of the sentence, entirely or after a period set by the court, (7) order treatment pursuant to section 17a-699, or (8) if a criminal docket for drug-dependent persons has been established pursuant to section 51-181b in the judicial district in which the defendant was adjudicated a youthful offender, transfer the supervision of the defendant to the court handling such docket.

(b) If execution of the sentence is suspended under subdivision (6) of subsection (a), the defendant may be placed on probation or conditional discharge for a period not to exceed three years, provided the court in its discretion may from time to time, while such probation is in force, extend such probation for a period not to exceed five years, including the original probationary period. If the court places the person adjudicated to be a youthful offender on probation, the court may order that as a condition of such probation the person 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 person is in need of and likely to benefit from such services. If the court places a person adjudicated as a youthful offender on probation, the court may order that as a condition of such probation the person participate in the zero-tolerance drug supervision program established pursuant to section 53a-39d, as amended by this act. If the court places a youthful offender on probation, school and class attendance on a regular basis and satisfactory compliance with school policies on student conduct and discipline may be a condition of such probation and, in such a case, failure to so attend or comply shall be a violation of probation. If the court has reason to believe that the person adjudicated to be a youthful offender is or has been an unlawful user of narcotic drugs as defined in section 21a-240, and the court places such youthful offender on probation, the conditions of probation, among other things, shall include a requirement that such person shall submit to periodic tests to determine, by the use of "synthetic opiate antinarcotic in action", nalline test or other detection tests, at a hospital or other facility, equipped to make such tests, whether such person is using narcotic drugs. A failure to report for such tests or a determination that such person is unlawfully using narcotic drugs shall constitute a violation of probation.

(c) Commitment hereunder shall be for a period not to exceed the term of imprisonment authorized for the crime committed by the defendant and shall be to any religious, charitable or other correctional institution authorized by law to receive persons over the age of sixteen years. Whenever a youthful offender is committed by the court to any duly authorized religious, charitable or other institution, other than an institution supported or controlled by the state or a subdivision thereof, such commitment shall be made, when practicable, to a religious, charitable or other institution under the control of persons of the same religious faith or persuasion as that of the youthful offender. If a youthful offender is committed by the court to any institution other than an institution supported or controlled by the state or a subdivision thereof, which is under the control of persons of a religion or persuasion different from that of the youthful offender, the court shall state or recite the facts which impel it to make such disposition, and such statement shall be made a part of the record of the proceedings.

Approved June 23, 1999

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