CHAPTER 319j

ADDICTION SERVICES

Table of Contents

Sec. 17a-673b. Peer navigator pilot program serving persons with opioid use disorder. Requirements. Report.

Sec. 17a-694. (Formerly Sec. 19a-127c). Examination for alcohol or drug dependency. Report.

Sec. 17a-696. (Formerly Sec. 19a-127e). Order for suspension of prosecution and treatment for alcohol or drug dependency.

Sec. 17a-713. (Formerly Sec. 19a-4h). Chronic gamblers treatment and rehabilitation program. Account.


Sec. 17a-673b. Peer navigator pilot program serving persons with opioid use disorder. Requirements. Report. (a) As used in this section:

(1) “Commissioner” means the Commissioner of Mental Health and Addiction Services;

(2) “Department” means the Department of Mental Health and Addiction Services;

(3) “Opioid use disorder” means a medical condition characterized by a problematic pattern of opioid use and misuse leading to clinically significant impairment or distress; and

(4) “Peer navigator” means a person who (A) has experience working with persons with substance use disorder, as defined in section 20-74, (B) provides nonmedical mental health care and substance use services to such persons, and (C) has a collaborative relationship with a health care professional authorized to prescribe medications to treat opioid use disorder.

(b) On or before January 1, 2022, the department shall establish, within available appropriations, a pilot program in urban, suburban and rural communities to serve persons with opioid use disorder in such communities. The department shall establish the pilot program in up to five such communities in accordance with such terms and conditions as the commissioner may prescribe.

(c) Each community in which the pilot program is established under subsection (b) of this section shall form a team of at least two peer navigators. The team shall work in the community to (1) increase engagement between providers of treatment services, health care and social services and persons with opioid use disorder, (2) improve the retention of such persons in treatment for opioid use disorder by addressing social determinants of health of such persons and emerging local conditions that affect such social determinants of health, and (3) increase the capacity of the community to support such persons by identifying and addressing systemic barriers to treatment services, health care, social services and social support of such persons. The team shall (A) travel throughout the community to address, in person, the health care and social needs of persons with opioid use disorder, and (B) be accessible to such persons through (i) a telephone number that has texting capabilities, and (ii) social media. Each peer navigator that participates in the pilot program shall receive regularly updated training, as determined by the commissioner, on noncoercive and nonstigmatizing methods for engaging those with opioid use disorder.

(d) On or before January 1, 2023, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public health regarding the success of the pilot program in serving persons with opioid use disorder and any recommendations for continuing the pilot program or expanding the pilot program into other communities in the state.

(P.A. 21-113, S. 1.)

History: P.A. 21-113 effective July 1, 2021.

Sec. 17a-694. (Formerly Sec. 19a-127c). Examination for alcohol or drug dependency. Report. (a) The Commissioner of Mental Health and Addiction Services or the commissioner's designee shall appoint one or more clinical examiners to conduct examinations for alcohol or drug dependency ordered pursuant to the provisions of section 17a-693. Each examiner shall be authorized by the department to conduct independent evaluations.

(b) (1) The examiner shall determine whether the person being examined was an alcohol-dependent or drug-dependent person at the time of the crime. The commissioner shall disclose to the examiner information contained in the Department of Mental Health and Addiction Service's database concerning the date that the person received treatment for alcohol or drug dependence, if at all, and the location where such treatment was provided, for the purpose of allowing the examiner to request a release of treatment information from the department for the person.

(2) If such person is determined to have been dependent on alcohol or drugs, the examiner shall further determine (A) the history and pattern of the dependency, and (B) whether the person presently needs and is likely to benefit from treatment for the dependency. If the examiner determines that the person presently needs and is likely to benefit from treatment, the examiner shall recommend treatment and state the date when space will be available in an appropriate treatment program, provided such date shall not be more than forty-five days from the date of the examination report. A recommendation for treatment shall include provisions for appropriate placement and the type and length of treatment and may include provisions for outpatient treatment.

(c) The examiner shall prepare and sign, without notarization, a written examination report and deliver it to the court, the Court Support Services Division, the state's attorney and defense counsel no later than thirty days after the examination was ordered. An examination report ordered pursuant to this section and section 17a-693 shall otherwise be confidential and not open to public inspection or subject to disclosure.

(d) No statement made by the person in the course of an examination under the provisions of this section may be admitted in evidence on the issue of guilt in a criminal proceeding concerning the person.

(e) No person shall be denied an examination or participation in a program under this section for inability to pay any cost or fee associated with such examination or program, provided (1) the person files with the court an affidavit of indigency or inability to pay and the court enters a finding thereof, or (2) 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 such cost or fee, if such cost or fee is waived.

(P.A. 89-390, S. 4, 37; P.A. 93-142, S. 1, 8; 93-381, S. 9, 39; P.A. 95-257, S. 5, 58; June 18 Sp. Sess. P.A. 97-8, S. 14, 88; P.A. 02-132, S. 4; P.A. 14-138, S. 5; P.A. 21-102, S. 17.)

History: P.A. 93-142 amended Subsec. (c) by making examination report ordered pursuant to this section and Sec. 19a-127b confidential; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission and executive director with department and commissioner of public health and addiction services, respectively, effective July 1, 1993; Sec. 17a-651 transferred to Sec. 19a-127c in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-127c transferred to Sec. 17a-694 in 1997; June 18 Sp. Sess. P.A. 97-8 replaced references to examining committee with clinical examiner, effective July 1, 1997; P.A. 02-132 amended Subsec. (c) by replacing “Office of Adult Probation” with “Court Support Services Division”; P.A. 14-138 amended Subsec. (b) by designating existing provisions re examiner to determine whether person was alcohol-dependent or drug-dependent at the time of the crime as Subdiv. (1) and amending same by adding provision re commissioner to disclose information to the examiner, and by designating existing provisions re person determined to have been dependent on alcohol or drugs as Subdiv. (2), and made technical changes in Subsecs. (a) and (b); P.A. 21-102 added Subsec. (e) re prohibition on denying a person an examination or program for inability to pay.

Sec. 17a-696. (Formerly Sec. 19a-127e). Order for suspension of prosecution and treatment for alcohol or drug dependency. (a) The provisions of this section shall not apply to any person charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-56b or 53a-60d or with a class A, B or C felony or to any person who was twice previously ordered treated under this section, subsection (i) of section 17-155y, section 19a-386 or section 21a-284 of the general statutes revised to 1989, or any combination thereof. The court may waive the ineligibility provisions of this subsection for any person, except that the court shall not waive the ineligibility provisions of this subsection for any person charged with a violation of section 14-227a, 14-227g, 53a-56b or 53a-60d if, at the time of the offense, such person was operating a commercial vehicle, as defined in section 14-1, or held a commercial driver's license or a commercial driver's instruction permit.

(b) The court may order suspension of prosecution and order treatment for alcohol or drug dependency as provided in this section and sections 17a-697 and 17a-698 if it, after considering information before it concerning the alcohol or drug dependency of the person, including the examination report made pursuant to the provisions of section 17a-694, finds that (1) the accused person was an alcohol-dependent or drug-dependent person at the time of the crime, (2) the person presently needs and is likely to benefit from treatment for the dependency, and (3) suspension of prosecution will advance the interests of justice. Treatment may begin no earlier than the date the clinical examiner reports under the provisions of section 17a-694 that space is available in a treatment program. Upon application by any such person for participation in a treatment program, the court shall, but only as to the public, order the court file sealed.

(c) A suspension of prosecution ordered under the provisions of subsection (b) of this section may be for a period not exceeding two years. During the period of suspension, an accused person shall be placed in the custody of the Court Support Services Division for treatment for alcohol or drug dependency. The court or the Court Support Services Division may require that the person (1) comply with any of the conditions specified in subsections (a) and (b) of section 53a-30, and (2) be tested for use of alcohol or drugs during the period of suspension. The accused person shall, unless indigent, pay the cost of treatment ordered under this section.

(d) If prosecution is suspended under the provisions of subsection (b) of this section, (1) the statute of limitations applicable to the crime charged shall be tolled during the period of suspension, and (2) the accused person shall be deemed to have waived such accused person's right to a speedy trial for the crime charged.

(e) The court shall not suspend prosecution under subsection (b) of this section unless (1) the accused person has acknowledged that he or she understands the consequences of the suspension of prosecution, (2) the accused person has given notice, by registered or certified mail on a form prescribed by the Chief Court Administrator, to the victim, if any, of the crime of which the person is accused and of the pending motion for suspension of prosecution, (3) such victim, if any, has been given an opportunity to be heard on the motion for suspension of prosecution, and (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars.

(f) If the prosecution is suspended, the person shall be released on a written promise to appear or on a bond and any other bond posted in any criminal proceeding concerning such person shall be terminated.

(g) If the court denies the motion for suspension of prosecution, the state's attorney may proceed with prosecution of the crime.

(h) A person shall be deemed to be indigent for the purposes of this section if the court determines the person (1) has an estate insufficient to provide for the person's support or there is no other person legally liable or able to support the person, or (2) the 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 cost or fee, if a cost or fee is waived due to indigency.

(P.A. 89-390, S. 6, 37; June 18 Sp. Sess. P.A. 97-8, S. 16, 88; P.A. 02-132, S. 5; P.A. 04-234, S. 23; P.A. 14-233, S. 8; P.A. 16-55, S. 9; 16-126, S. 24; P.A. 21-102, S. 18.)

History: (Revisor's note: A reference in Subsec. (a) to “section 17a-627” was changed editorially by the Revisors to “section 17-155y”); Sec. 17a-653 transferred to Sec. 19a-127e in 1995; Sec. 19a-127e transferred to Sec. 17a-696 in 1997; June 18 Sp. Sess. P.A. 97-8 replaced examining committee with clinical examiner in Subsec. (b), effective July 1, 1997; P.A. 02-132 amended Subsec. (c) by replacing “Office of Adult Probation” with “Court Support Services Division” and making a technical change; P.A. 04-234 amended Subsec. (a) to make provisions inapplicable to any person who was “twice” previously ordered treated under section, other specified sections or “any combination thereof” and made technical changes throughout, effective June 8, 2004; P.A. 14-233 amended Subsec. (b) to add provision re court to order file sealed as to the public upon application for participation in treatment program; P.A. 16-55 amended Subsec. (a) by adding reference to Secs. 14-227g and 53a-56b and by adding provision re exception for person charged with violation of Secs. 14-227a, 14-227g, 53a-56b or 53a-60d if person was operating commercial vehicle or held commercial driver's license or commercial driver's instruction permit; P.A. 16-126 amended Subsec. (a) by adding references to Secs. 14-227m and 14-227n(a)(1) and (2); P.A. 21-102 amended Subsec. (h) by designating existing provision re insufficient estate as Subdiv. (1), adding Subdiv. (2) re finding of indigency based on eligibility for a public defender, and adding prohibition on requiring a person to perform community service in lieu of cost or fee.

Sec. 17a-713. (Formerly Sec. 19a-4h). Chronic gamblers treatment and rehabilitation program. Account. (a) The Department of Mental Health and Addiction Services shall establish a program for the treatment and rehabilitation of compulsive gamblers in the state. The program shall provide prevention, treatment and rehabilitation services for chronic gamblers. The department may enter into agreements with subregional planning and action councils and nonprofit organizations to assist in providing these services, provided not less than twenty-five per cent of the amount received pursuant to section 12-818 annually shall be set aside for contracts with subregional planning and action councils established pursuant to section 17a-671 and nonprofit organizations and not less than five per cent of the amount received pursuant to section 12-818 annually shall be set aside for a contract with the Connecticut Council on Problem Gambling. The department may impose a reasonable fee, on a sliding scale, on those participants who can afford to pay for any such services. The department shall implement such program when the account established under subsection (b) of this section is sufficient to meet initial operating expenses. As used in this section, “chronic gambler” means a person who is chronically and progressively preoccupied with gambling and the urge to gamble, and with gambling behavior that compromises, disrupts or damages personal, family or vocational pursuits.

(b) The program established by subsection (a) of this section shall be funded by: (1) Imposition of a fee of one hundred thirty-five dollars on each association license, for each performance of jai alai or dog racing conducted under the provisions of chapter 226, provided no such licensee shall contribute more than forty-five thousand dollars in any one year; (2) imposition of a fee of twenty-five dollars for each teletheater performance on each operator of a teletheater facility; (3) the amount received from the Connecticut Lottery Corporation pursuant to section 12-818; and (4) any amount received pursuant to section 12-871 from the holder of a master wagering license under section 12-852. The Commissioner of Consumer Protection shall collect the fee from each association licensee or such operator on a monthly basis. The receipts shall be deposited in the General Fund and credited to a separate, nonlapsing chronic gamblers treatment and rehabilitation account which shall be established by the Comptroller. All moneys in the account are deemed to be appropriated and shall be expended for the purposes established in subsection (a) of this section.

(c) The department shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section.

(S.A. 81-68, S. 1, 2; S.A. 83-17; S.A. 84-68; P.A. 86-312, S. 17, 21; P.A. 92-216, S. 2, 3; P.A. 93-381, S. 9, 39; May 25 Sp. Sess. P.A. 94-1, S. 116, 130; P.A. 95-257, S. 5, 58; P.A. 99-173, S. 59, 65; P.A. 11-51, S. 182; P.A. 21-23, S. 43.)

History: S.A. 83-17 extended expiration date of program from December 31, 1983, to December 31, 1984, and required collection of fee until June 30, 1984; S.A. 84-68 extended expiration date to “no later than December 31, 1986”, and required collection of fee until June 30, 1986; P.A. 86-312 deleted reference to “pilot” program and all references to dates and changed treatment and rehabilitation “fund” to a separate nonlapsing “account” within the general fund; Sec. 17-261a transferred to Sec. 17a-477 in 1991; P.A. 92-216 transferred program from control of mental health commissioner to alcohol and drug abuse commission, deleted detailed list of specific services provided in Subsec. (a), deleted former Subsec. (c) re reimbursement of association licensees and relettered former Subsec. (d) accordingly; Sec. 17a-477 transferred to Sec. 17a-666 in 1993; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission with department of public health and addiction services, effective July 1, 1993; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (b)(2) to require imposition of $25 fee for each teletheater performance on each operator of a teletheater facility, deleting obsolete references to “tele-track” performances and persons, firms or corporations providing totalizator equipment and services for tele-track facilities, effective July 1, 1994; Sec. 17a-666 transferred to Sec. 19a-4h in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-4h transferred to Sec. 17a-713 in 1997; P.A. 99-173 amended Subsec. (a) re contracts and funds for subregional planning and action councils, and added Subsec. (b)(3) re amounts received from the Connecticut Lottery Corporation, effective July 1, 1999; pursuant to P.A. 11-51, “executive director of the Division of Special Revenue” was changed editorially by the Revisors to “Commissioner of Consumer Protection” in Subsec. (b), effective July 1, 2011; P.A. 21-23 amended Subsec. (b) to add Subdiv. (4) re amount received pursuant to Sec. 12-871 and made technical changes, effective July 1, 2021.