HB 6594 — AN ACT CONCERNING THE CRIMINAL JUSTICE PROCESS.

6594 (1) such person files with the court an affidavit of indigency or inability to pay [, (2)] such indigency is confirmed by the Court Support Services Division [,] and [(3)] the court enters a finding thereof, or (2) the person has been determined indigent and eligible forrepresentation by apublic defender who has been appointed on behalf of such person pursuant to section 51-296.

sHB6594(a) /There Fileshall No.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.

707 sHB6594 File No.

707 (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 a defendant (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) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) 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, (A) that the defendant has never had such program invoked on the defendant's behalf or that the defendant was charged with a misdemeanor or a motor vehicle violation for which a term of imprisonment of one year or less may be imposed and ten or more years havePublic passedAct sinceNo. the date that any charge or charges for which the program was invoked on the defendant's behalf were dismissed by the court, or (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant's behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form prescribed by the Office of the Chief Court Administrator, 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.

21-102 10 of 44 Substitute House Bill No.

6594 have passed since the date that any charge or charges for which the program was invoked on the defendant's behalf were dismissed by the court, or (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant's behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form prescribed by the Office of the Chief Court Administrator, 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.

For the purposes of this sHB6594section, /"veteran" Filemeans No.any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.

707 sHB6594 File No.

707 section, "veteran" means any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.

(1) To any person charged with (A) a class A felony, (B) a class B felony, except a violation of subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of subdivision (4) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person and does not involve a violation by a person who is a public official, as defined in section 1-110, or a state or municipal employee, as defined in section 1- 110, or (C) a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) ofsubsection(a)ofsection53-21or section53a-56b,53a-60d,53a-70,53a- 70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a- 72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged withPublic aAct 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 (A) is eligible for the pretrial family violence education program established under section 46b-38c, as amended by this act, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267, as amended by this act, or 21a-279, asamendedby thisact, who (A)iseligiblefor thepretrial drug education and community service program established under section 54-56i, as amended by this act, or (B) has previously had the pretrial drug education program or the pretrial drug education and community service program invoked on such person's behalf, (5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than sHB6594 / File No.

70721-102 sHB659411 Fileof 44 Substitute House Bill No.

7076594 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 (A) is eligible for the pretrial family violence education program established under section 46b-38c, as amended by this act, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267, as amended by this act, or 21a-279, asamendedby thisact, who (A)iseligiblefor thepretrial drug education and community service program established under section 54-56i, as amended by this act, or (B) has previously had the pretrial drug education program or the pretrial drug education and community service program invoked on such person's behalf, (5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than four years older than the other person, (6) to any person charged with a violation of section 9-359 or 9-359a, (7) to any person charged with a motorvehicle violation(A)whileoperating acommercialmotorvehicle, as defined in section 14-1, or (B) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation, (8) to any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60, or (9) to a health care provider or vendor participating in the state's Medicaid program charged with a violation of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.

Any such defendant shall appear in court and shall, under such conditions as the court shall order, be released to the custody of the Court Support ServicesPublic Division,Act exceptNo. 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.

21-102 12 of 44 Substitute House Bill No.

6594 Services Division, 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.

When determining any conditions of probation to order for a person entering such program who was charged with a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or a motor vehicle violation, the court shall consider ordering the person to perform community service in the sHB6594community /in Filewhich No.the offense or violation occurred.

707 sHB6594 File No.

707 community in which the offense or violation occurred.

(e)Public IfAct theNo. court orders the defendant to participate in a hate crimes diversion program as a condition of probation, the defendant shall pay to the court a participation fee of four hundred twenty-five dollars, except as provided in subsection (g) of this section.

21-102 13 of 44 Substitute House Bill No.

6594 (e) If the court orders the defendant to participate in a hate crimes diversion program as a condition of probation, the defendant shall pay to the court a participation fee of four hundred twenty-five dollars, except as provided in subsection (g) of this section.

Any defendant whose employment or residence makes it unreasonable to attend a hate crimes diversion program in this state may attend a program in another state whichhasstandardssubstantiallysimilarto,orhigherthan,thoseofthis state, subject to theapprovaltheapprovalofthecourt ofthecourt andpayment oftheapplication and program fees as provided in this section.

(f) If a defendant released to the custody of the Court Support Services Division satisfactorily completes such defendant's period of sHB6594probation, /such Filedefendant No.may apply for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges.

707 sHB6594 File No.

707 probation, such defendant may apply for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges.

If a defendant transferred to the court handling the criminal docket for drug-dependent persons satisfactorily completes such defendant's period of supervision, the court shall release the defendant to the custody of the Court Support ServicesPublic DivisionAct underNo. such conditions as the court shall order or shall dismiss such charges.

21-102 14 of 44 Substitute House Bill No.

6594 Services Division under such conditions as the court shall order or shall dismiss such charges.

(a) (1) There shall be a pretrial alcohol education program for persons 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 15- 133 or 15-140n.

Upon application by any such person for participation sHB6594in /such Fileprogram, No.the court shall, but only as to the public, order the court file sealed, and such person shall pay to the court an application fee of one hundred dollars and a nonrefundable evaluation fee of one hundred dollars, except as provided for in subsection (i) of this section, and such person shall state under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that:

707(A) sHB6594If Filesuch person is charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, such person has not had such program invoked in such Public Act No.

70721-102 in15 such program, the court shall, but only as to the public, order the court file sealed, and such person shall pay to the court an application fee of one44 hundredSubstitute dollarsHouse andBill aNo. nonrefundable evaluation fee of one hundred dollars, except as provided for in subsection (i) of this section, and such person shall state under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that:

(A)6594 If such person is charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, such person has not had such program invoked in such person's behalf within the preceding ten years for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) such person has not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-227a before, on or after October 1, 1981, a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985, a violation of section 14-227g, a violation of section 14-227m or a violation of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such person has not been convicted of a violation of section 15-132a, subsection (d) of section 15- 133, section 15-140l or section 15-140n, (D) such person has not been convicted in any other state at any time of an offense the essential elementsofwhicharesubstantiallythesameassection53a-56b,53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-133, and (E) notice has been given by such person, by registered or certified mail on a form prescribed by theOffice oftheChiefCourtAdministrator,toeachvictim who sustained a serious physical injury, as defined in section 53a-3, which was caused by such person's alleged violation, that such person has applied to participate in the pretrial alcohol education program and that such victim has an opportunity to be heard by the court on the application.

(2) The court shall provide each such victim who sustained a serious sHB6594physical /injury Filean No.opportunity to be heard prior to granting an application under this section.

707 sHB6594 File No.

707 physical injury an opportunity to be heard prior to granting an application under this section.

(3)Public TheAct applicationNo. fee imposed under this subsection shall be credited to the Criminal Injuries Compensation Fund established under section 54-215.

21-102 16 of 44 Substitute House Bill No.

6594 (3) The application fee imposed under this subsection shall be credited to the Criminal Injuries Compensation Fund established under section 54-215.

(1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person's right to a speedy trial, (3) to complete ten or fifteen counseling sessions in an alcohol intervention program or successfully complete a substance abuse treatment program of not less than twelve sessions pursuant to this section dependent upon the sHB6594evaluation /report Fileand the court order, (4) to commence participation in an alcohol intervention program or substance abuse treatment program not laterthanninety daysafter thedateofentry ofthecourtorder unless granted a delayed entry into a program by the court, (5) upon completion of participation in the alcohol intervention program, to Public Act No.

70721-102 sHB659417 Fileof 44 Substitute House Bill No.

7076594 evaluation report and the court order, (4) to commence participation in an alcohol intervention program or substance abuse treatment program not laterthanninety daysafter thedateofentry ofthecourtorder unless granted a delayed entry into a program by the court, (5) upon completion of participation in the alcohol intervention program, to accept placement in a substance abuse treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (f) of this section or placement in a state-licensed substance abuse treatment program which meets standards established by the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate, and (6) if ordered by the court, to participate in at least one victim impact panel.

If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant's participation in such program submitted by the Court Support Services sHB6594Division, /may Fileon No.its own motion make a finding of such satisfactory completion and dismiss the charges.

707Upon sHB6594motion Fileof the defendant and a showing of good cause, the court may extend the one-year placement Public Act No.

70721-102 Division,18 may on its own motion make a finding of such44 satisfactorySubstitute completionHouse andBill dismissNo. the charges.

Upon6594 motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program.

No person may be excluded from either program for inability to pay such fee or cost, [provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court sHB6594enters /a Filefinding thereof] and the court shall waive any such fee or cost Public Act No.

70721-102 sHB659419 Fileof 44 Substitute House Bill No.

7076594 enters a finding thereof] and the court shall waive any such fee or cost for any intervention program if such person is found eligible to have such fee or cost waived under subsection (i) of this section.

(e) When a person subsequently requests reinstatement into an alcohol intervention program or a substance abuse treatment program and the Court Support Services Division verifies that such person is eligible for reinstatement into such program and thereafter the court favorably acts on such request, such person shall pay a nonrefundable program fee of one hundred seventy-five dollars if ordered to complete aPublic ten-sessionAct intervention program or two hundred fifty dollars if sHB6594 / File No.

70721-102 sHB659420 Fileof 44 Substitute House Bill No.

7076594 a ten-session intervention program or two hundred fifty dollars if ordered to complete a fifteen-session intervention program, as the case may be, [.

(g)Thecourtmay,asa conditionofgrantingsuchapplication,requireconditionofgrantingsuch application,require that such person participate in a victim impact panel program approved by the Court Support Services Division of theJudicial 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 incidentsPublic inAct theirNo. lives.

21-102 21 of 44 Substitute House Bill No.

6594 incidents in their lives.

sHB6594Such /organization Filemay No.assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program, provided such organization shall offer a [hardship] waiver when [it has determined that the imposition of a fee would pose an economic hardship for such person] 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.

707 sHB6594 File No.

707 Such organization may assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program, provided such organization shall offer a [hardship] waiver when [it has determined that the imposition of a fee would pose an economic hardship for such person] 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.

(a) There is established a pretrial drug education and community servicePublic programAct forNo. persons charged with a violation of section 21a-257, as amended by this act, 21a-267, as amended by this act, 21a-279, as amended by this act, or 21a-279a.

The21-102 pretrial22 drugof education44 andSubstitute communityHouse serviceBill programNo. shall include a fifteen-session drug educationprogramandasubstance abuse treatment programof not less than fifteen sessions, and the performance of community service.

sHB65946594 /service Fileprogram No.for persons charged with a violation of section 21a-257, as amended by this act, 21a-267, as amended by this act, 21a-279, as amended by this act, or 21a-279a.

707The sHB6594pretrial Filedrug No.education and community service program shall include a fifteen-session drug educationprogramanda substance abuse treatment programofnot less than fifteen sessions, and the performance of community service.

707 (b) Upon application by any such person for participation in such program, the court shall, but only as to the public, order the court file sealed, and such person shall pay to the court of an application fee of onehundreddollarsandanonrefundableevaluationfeeofonehundred fiftydollars,exceptas providedinsubsection(l)ofthissection.Aperson shall be ineligible for participation in such pretrial drug education and community service program if such person has twice previously participated in (1) the pretrial drug education program established under the provisions of this section in effect prior to October 1, 2013, (2) thecommunityservicelaborprogramestablishedunderthecommunityservicelaborprogramestablishedundersection53a-39c, section53a-39c, as amended by this act, (3) the pretrial drug education and community service program established under this section, or (4) any of such programs, except that the court may allow a person who has twice previously participated in such programs to participate in the pretrial drug education and community service program one additional time, for good cause shown.

If the court grants such application, the court shall refer such person (1) to the Court Support Services Division for confirmation of the eligibility of the applicant, (2) to the Department of Mental Health and Addiction Services for evaluation and determination of an appropriate drug educationPublic orAct substanceNo. abuse treatment program for the first or second time such application is granted, and (3) to a state-licensed substance abuse treatment program for evaluation and determination of an appropriate substance abuse treatment program for the third time such application is granted, except that, if such person is a veteran, the court may refer such person to the Department of Veterans Affairs or the United States Department of Veterans Affairs, as applicable, for any such evaluation and determination.

For21-102 the23 purposes of this44 subsectionSubstitute andHouse subsectionBill (d) of this section, "veteran" means any person who was sHB6594 / File No.

7076594 sHB6594education Fileor No.substance abuse treatment program for the first or second time such application is granted, and (3) to a state-licensed substance abuse treatment program for evaluation and determination of an appropriate substance abuse treatment program for the third time such application is granted, except that, if such person is a veteran, the court may refer such person to the Department of Veterans Affairs or the United States Department of Veterans Affairs, as applicable, for any such evaluation and determination.

707For the purposes of this subsection and subsection (d) of this section, "veteran" means any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.

Persons who have been grantedPublic entryAct intoNo. the pretrial drug education and community service program for the second time shall participate in either a fifteen-session drug education program or a substance abuse treatment program of not less than fifteen sessions, as ordered by the court based on the evaluation and determination required under subsection (c) of this section.

21-102 24 of 44 Substitute House Bill No.

6594 granted entry into the pretrial drug education and community service program for the second time shall participate in either a fifteen-session drug education program or a substance abuse treatment program of not less than fifteen sessions, as ordered by the court based on the evaluation and determination required under subsection (c) of this section.

sHB6594(C) /Persons Filewho No.have been granted entry into the pretrial drug education and community service program shall also participate in a community service program administered by the Court Support Services Division pursuant to section 53a-39c, as amended by this act.

707 sHB6594 File No.

707 (C) Persons who have been granted entry into the pretrial drug education and community service program shall also participate in a community service program administered by the Court Support Services Division pursuant to section 53a-39c, as amended by this act.

Persons receiving substance abuse treatment program services in accordance with the provisions of this section shall only receive such services at state-licensed substance abuse treatment program facilities that are in compliance with all state standards governing the operation of such facilities, except that, if such person is a veteran, such person may receivePublic servicesAct fromNo. facilities under the supervision of the Department of Veterans Affairs or the United States Department of Veterans Affairs, subject to the provisions of subdivision (2) of this subsection.

21-102 25 of 44 Substitute House Bill No.

6594 receive services from facilities under the supervision of the Department of Veterans Affairs or the United States Department of Veterans Affairs, subject to the provisions of subdivision (2) of this subsection.

and (v) upon completion of participation in the pretrial drugeducationandcommunityserviceprogram,toaccept (I)placement in a treatment program upon the recommendation of a provider under sHB6594contract /with Filethe No.Department of Mental Health and Addiction Services or a provider under the supervision of the Department of Veterans Affairs or the United States Department of Veterans Affairs, or (II) placement in a treatment program that has standards substantially similar to, or higher than, a program of a provider under contract with the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate.

707 sHB6594 File No.

707 contract with the Department of Mental Health and Addiction Services or a provider under the supervision of the Department of Veterans Affairs or the United States Department of Veterans Affairs, or (II) placement in a treatment program that has standards substantially similar to, or higher than, a program of a provider under contract with the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate.

(e)Public IfAct theNo. Court Support Services Division informs the court that such personisineligiblefortheprogramandthecourtmakesadetermination of ineligibility or if the program provider certifies to the court that such person did not successfully complete the assigned program and such person did not request, or the court denied, reinstatement in the program under subsection (i) of this section, the court shall order the court file to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

21-102 26 of 44 Substitute House Bill No.

6594 (e) If the Court Support Services Division informs the court that such personisineligiblefortheprogramandthecourtmakesadetermination of ineligibility or if the program provider certifies to the court that such person did not successfully complete the assigned program and such person did not request, or the court denied, reinstatement in the program under subsection (i) of this section, the court shall order the court file to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

If such person does not apply for dismissal of the charges against such person after satisfactorily completing the assigned program, the court, upon receipt of the record of such person's participation in such program sHB6594submitted /by Filethe No.Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges.

707 sHB6594 File No.

707 submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges.

(g) At the time the court grants the applicationapplicationfor for participation in the pretrial drug education and community service program, any person ordered to participate in such drug education program shall pay to the court a nonrefundable program fee of six hundred dollars.

If the court orders participation in a substance abuse treatment program, such person shall pay to the court a nonrefundable program fee of one hundred dollars and shall be responsible for the costs associated with suchPublic program.Act No.

No21-102 person27 may be excluded from any such program for inability to pay such fee or cost, [provided (1) such person files with the court an affidavit of indigency44 orSubstitute inabilityHouse toBill pay,No. (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and(3) thecourt entersafinding thereof.The court may waive allor any portion of such fee depending on such person's ability to pay] and the court shall waive any such fee or cost if such person is found eligible to have such fee or cost waived under subsection (l) of this section.

6594 such program.

No person may be excluded from any such program for inability to pay such fee or cost, [provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and(3) thecourt entersa finding thereof.The court may waive allor any portion of such fee depending on such person's ability to pay] and the court shall waive any such fee or cost if such person is found eligible to have such fee or cost waived under subsection (l) of this section.

(h) If a person returns to court with certification from a program sHB6594provider /that Filesuch No.person did not successfully complete the assigned program or is no longer amenable to treatment, the provider, to the extent practicable, shall include a recommendation to the court as to whether placement in a drug education program or placement in a substance abuse treatment program would best serve such person's needs.

707 sHB6594 File No.

707 provider that such person did not successfully complete the assigned program or is no longer amenable to treatment, the provider, to the extent practicable, shall include a recommendation to the court as to whether placement in a drug education program or placement in a substance abuse treatment program would best serve such person's needs.

(i) When a person subsequently requests reinstatement into a drug education program or a substance abuse treatment program and the Court Support Services Division verifies that such person is eligible for reinstatement into such program and thereafter the court favorably acts on such request, any person reinstated into such drug education programPublic shallAct payNo. a nonrefundable program fee of two hundred fifty dollars, and any person reinstated into a substance abuse treatment program shall be responsible for the costs, if any, associated with being reinstated into the treatment program, [.

21-102 28 of 44 Substitute House Bill No.

6594 program shall pay a nonrefundable program fee of two hundred fifty dollars, and any person reinstated into a substance abuse treatment program shall be responsible for the costs, if any, associated with being reinstated into the treatment program, [.

(k) Any person whose employment or residence or schooling makes it unreasonable to attend a drug education program or substance abuse treatment program in this state may attend a program in another state that has standards similar to, or higher than, those of this state, subject to the approval of the court and payment of the program fee or costs as sHB6594provided /in Filethis No.section.

707 sHB6594 File No.

707 provided in this section.

Sec.Public Act No.

21-102 29 of 44 Substitute House Bill No.

6594 Sec.

(i) A nonrefundable application fee of one hundred dollars shall be paid to the court by any person who files a motion pursuant to subdivision (1) of subsection (h) of this section to participate in the pretrial family violence education program, and a fee of three hundred dollars shall be paid to the court by any person who enters the family sHB6594violence /education Fileprogram, No.except that no person shall be excluded from such program for inability to pay any such fee, provided (1) the person files with the court an affidavit of indigency or inability to pay [,]and[(2)]thecourt entersafinding thereof,or (2)suchpersonhasbeen determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296.

707 sHB6594 File No.

707 violence education program, except that no person shall be excluded from such program for inability to pay any such fee, provided (1) the person files with the court an affidavit of indigency or inability to pay [,]and[(2)]thecourt entersafinding thereof,or (2)suchpersonhasbeen determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296.

Sec.Public Act No.

21-102 30 of 44 Substitute House Bill No.

6594 Sec.

If the examiner determines that the person presently needs and is likely to benefit from treatment, the examiner shall recommend treatment and sHB6594state /the Filedate No.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.

707 sHB6594 File No.

707 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.

(c) The examiner shall prepare and sign, without notarization, a writtenexaminationreportPublic anddeliverAct ittoNo. the court,theCourt Support Services Division, the state's attorney and defense counsel no later than thirty days after the examination was ordered.

21-102 31 of 44 Substitute House Bill No.

6594 writtenexaminationreport anddeliver itto the court,theCourt Support Services Division, the state's attorney and defense counsel no later than thirty days after the examination was ordered.

(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 sectionsection17-155y, 17-155y, section 19a-386or section21a-284ofthegeneralstatutes sHB6594revised /to File1989, No.or any combination thereof.

707The sHB6594court Filemay 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 Public Act No.

70721-102 revised32 toof 1989,44 orSubstitute anyHouse combinationBill thereof.No.

The6594 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.

(d) If prosecution is suspended under the provisions of subsection (b) sHB6594of /this Filesection, (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 Public Act No.

70721-102 sHB659433 Fileof 44 Substitute House Bill No.

7076594 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.

(a) A person to whom or for whose use any narcotic drug has been sHB6594prescribed, /sold Fileor dispensed by a physician, dentist, pharmacist or Public Act No.

70721-102 sHB659434 Fileof 44 Substitute House Bill No.

7076594 prescribed, sold or dispensed by a physician, dentist, pharmacist or otherpersonauthorizedunder theprovisionsofsection21a-248,andthe owner of any animal for which any such drug has been prescribed, sold or dispensed may lawfully possess it only in the container in which it was delivered to the recipient by the person selling or dispensing the same except as may be authorized by regulations adopted [hereunder] in accordance with the provisions of chapter 54.

(b) Any person charged with any violation specified in subsection (b) of section 51-164n who fails to pay the fine and any additional fee imposed or send in [his] a plea of not guilty by the answer date or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of [a class A misdemeanor] an unclassified misdemeanor and may be sentenced to a term of imprisonmentPublic ofAct notNo. more than ten days.

sHB659421-102 /35 Fileof 44 Substitute House Bill No.

7076594 sHB6594imprisonment Fileof No.not more than ten days.

707 Sec.

(B) Any person who is confined to a community correctional center or a correctional institution for an offense committed onor after October 1, 2021, under a mittimus or because such person is unable to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of suchPublic person'sAct sentenceNo. equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement tothetime suchpersonbeganservingtheterm of imprisonment imposed;

provided21-102 (i)36 each day of presentence44 sHB6594Substitute /House FileBill No.

7076594 sHB6594such Fileperson's No.sentence equal to the number of days which such person spent in such facility from the time such person was placed in presentence confinement tothetime suchpersonbeganservingtheterm of imprisonment imposed;

707provided (i) each day of presentence confinement shall be counted equally in reduction of any concurrent sentence imposed for any offense pending at the time such sentence was imposed;

(a) No person shall use or possess with intent to use drug paraphernalia,asdefinedinsubdivisionparaphernalia,asdefined insubdivision (20)ofsection21a-240, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, ortoingest, inhale orotherwise introduce into thehumanbody, any controlled substance, as defined in subdivision (9) of section 21a- 240, other than a cannabis-type substance in a quantity of less than one- half ounce.

(b)Public NoAct person shall deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise sHB6594 / File No.

70721-102 sHB659437 Fileof 44 Substitute House Bill No.

7076594 (b) No person shall deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance, other than a cannabis-type substance in a quantity of less than one-half ounce.

(d) No person shall (1) use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, less than one-half ounce of a cannabis-type substance, or (2) deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,Public store,Act containNo. or conceal, or to ingest, inhale or otherwise introduce into the human body, less than one-half ounce of a cannabis- type substance.

21-102 38 of 44 Substitute House Bill No.

6594 repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, less than one-half ounce of a cannabis- type substance.

(e) The provisions of subsection (a) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating sHB6594liquor /or Fileany No.drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the use or possession of drug paraphernalia in violation of said subsection was obtained as a result of the seeking of such medical assistance.

707 sHB6594 File No.

707 liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the use or possession of drug paraphernalia in violation of said subsection was obtained as a result of the seeking of such medical assistance.

(b)Public AnyAct person who violates section 21a-277 or 21a-278 by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance [in or on, or within one thousand five hundred feet of,] with intent to commit such violation at a specific location that the trier of fact determines is (1) in or on the real property comprising a (A) public or private elementary or secondary school, [a] (B) public housing project, or [a] (C) licensed child care center, as defined in section 19a-77, that is identified as a child care sHB6594 / File No.

70721-102 sHB659439 Fileof 44 Substitute House Bill No.

7076594 (b) Any person who violates section 21a-277 or 21a-278 by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance [in or on, or within one thousand five hundred feet of,] with intent to commit such violation at a specific location that the trier of fact determines is (1) in or on the real property comprising a (A) public or private elementary or secondary school, [a] (B) public housing project, or [a] (C) licensed child care center, as defined in section 19a-77, that is identified as a child care center by a sign posted in a conspicuous place, or (2) within two hundred feet of the perimeter of the real property comprising such (A) public or private elementary or secondary school, (B) public housing project, or (C) licensed child care center, shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278.

(c) Any person who employs, hires, uses, persuades, induces, entices or coerces a person under eighteen years of age to violate section 21a- 277 or 21a-278 shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term ofPublic imprisonmentAct imposedNo. for violation of section 21a-277 or 21a-278.

21-102 40 of 44 Substitute House Bill No.

6594 of imprisonment imposed for violation of section 21a-277 or 21a-278.

(2) For a second offense of subdivision (1) of this subsection, the court shall evaluate such person and, if the court determines such person is a drug-dependent person, the court may suspend prosecution of such sHB6594person /and Fileorder No.such person to undergo a substance abuse treatment program.

707 sHB6594 File No.

707 person and order such person to undergo a substance abuse treatment program.

(c) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniffPublic orAct drinkNo. the volatile substances described in subdivision (49) of section 21a-240.

(d)21-102 The41 provisions of subsection44 (a)Substitute ofHouse thisBill section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if sHB6594 / File No.

7076594 sHB6594sniff Fileor No.drink the volatile substances described in subdivision (49) of section 21a-240.

707(d) The provisions of subsection (a) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the possession or control of a controlled substance in violation of subsection (a) of this section was obtained as a result of the seeking of such medical assistance.

(b)Public AtAct anyNo. time during the period of a [definite] sentence in which a defendant has been sentenced to an executed period of incarceration of more than [three] seven years as a result of a plea agreement, including an agreement in which there is an agreed upon range of sentence, upon agreement ofthedefendant andthe state'sattorney to seek reviewofthe sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

21-102 42 of 44 Substitute House Bill No.

6594 (b) At any time during the period of a [definite] sentence in which a defendant has been sentenced to an executed period of incarceration of more than [three] seven years as a result of a plea agreement, including an agreement in which there is an agreed upon range of sentence, upon agreement ofthedefendant andthe state'sattorney to seek reviewofthe sentence, the sentencing court or judge may, after hearing and for good cause shown, reduce the sentence, order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the defendant could have been originally sentenced.

sHB6594[(c)] /(d) FileThe No.provisions of this section shall not apply to any portion of a sentence imposed that is a mandatory minimum sentence for an offense which may not be suspended or reduced by the court.

707 sHB6594 File No.

707 [(c)] (d) The provisions of this section shall not apply to any portion of a sentence imposed that is a mandatory minimum sentence for an offense which may not be suspended or reduced by the court.

ThisPublic actAct shallNo. take effect as follows and shall amend the following sections:

Section21-102 143 Octoberof 1,44 2021Substitute 54-86(a)House Sec.Bill No.

26594 OctoberApproved 1,June 30, 2021 53a-83Public Sec.Act No.

321-102 October44 1,of 202144 53a-84 Sec.

4 October 1, 2021 7-22 Sec.

5 October 1, 2021 7-81 Sec.

6 October 1, 2021 1-110a(f) Sec.

7 October 1, 2021 53a-290 Sec.

8 October 1, 2021 53a-181f Sec.

9 October 1, 2021 53a-189c October 1, 2021 Sec.

10 53a-40(f) and (g) Sec.

11 October 1, 2021 53a-39c(b) Sec.

12 October 1, 2021 54-56e Sec.

13 October 1, 2021 54-56g Sec.

14 October 1, 2021 54-56i Sec.

15 October 1, 2021 54-56j(f) Sec.

16 October 1, 2021 46b-38c(i) October 1, 2021 Sec.

17 17a-694 Sec.

18 October 1, 2021 17a-696 sHB6594 / File No.

707 sHB6594 File No.

707 Sec.

19 October 1, 2021 21a-257 Sec.

20 October 1, 2021 51-164r Sec.

21 October 1, 2021 18-98d(a)(1) Sec.

22 October 1, 2021 21a-267 Sec.

23 October 1, 2021 21a-278a Sec.

24 October 1, 2021 21a-279 Sec.

25 from passage 53a-39 sHB6594 / File No.

707 42 sHB6594 File No.

707 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Correction, Dept.;

Judicial Dept.

GF - See Below See Below See Below (Probation) Resources of the General Fund GF - See Below See Below See Below Note:

GF=General Fund Municipal Impact:

None Explanation Thebillmakesvariouschangesto criminaljusticerelatedstatutesand results in the impact state below.

Sections 10-12, 17, and 22 increases the penalties for various violations including vendor fraud, unlawful dissemination of an intimate image, electronic stalking, and failure to keep narcotics in the original container and results in potential revenue from fines and potentialcost for incarcerationandprobation.

Onaverage, themarginal cost to the state for incarcerating an offender for the year is $2,200 while the average marginal cost for supervision in the community is less than $700 each year.

Sections 23, 25-27 reduce the penalties including for failure to pay or 1Inmate marginal cost is based on increased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

2Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

sHB6594 / File No.

707 sHB6594 File No.

707 respond to infractions and reduces the scope of laws for illegal drug actives in drug free zones and results in potential revenue loss from fines and potential savings from reduced incarceration or probation.

Sections 1-10, 13-16, 21, 24, and 28 make various changes that do not result in a fiscal impact.

House "A" strikes sections of the bill that transferred certain responsibilities from the Division of Criminal Justice to the Office of the Attorney General (OAG) and removes the cost to the OAG.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the number of violations.

sHB6594 / File No.

707 44 sHB6594 File No.

707 OLR Bill Analysis sHB 6594 (as amended by House “A”)* AN ACT CONCERNING THE CRIMINAL JUSTICE PROCESS.

TABLE OF CONTENTS:

§ 1 — DEPOSITIONS FOR THOSE INFIRM AND AGE 75 AND OLDER Allows the state to depose individuals who are infirm and age 75 and older in certain trials §§ 2 & 3 — SOLICITING SEXUAL ACTS Changes “patronizing a prostitute” to “soliciting sexual acts” §§ 4-5 — INVESTIGATIONS TO REMOVE TOWN CLERKS AND TREASURERS Requiresthattheattorneygeneral,ratherthanthestate’sattorneys,investigateatownclerk or treasurer for removal § 6 — PENSION REVOCATION NOTICE Requiresprosecutorstonotifytheattorneygeneralofcertainproceedingsinvolvingpension revocation for public employees and eliminates this notice requirement for federal court proceedings § 7 — VENDOR FRAUD Expands the definition of vendor fraud to include instances where the person has intent to defraud the stateor thebeneficiary andhas knowledge ofan event thatwouldresult in lower benefit payments § 8 — ELECTRONIC STALKING Increases the penalty for electronic stalking and broadens the definition of the crime § 9 — INTIMATE IMAGES Specifies what is considered “harm” for distributing intimate images;

prohibits dissemination when the other person is not identifiable but there is other identifying information included;

and increases the penalty when dissemination is to more than one person over certain electronic platforms § 10 — SENTENCING PERSISTENT OFFENDERS Limits the look-back period for controlled substance possession and certain felonies to 10 years for persistent offenders and expands the exemption for these felony offenders to include class E felonies §§ 11-18 — FEE WAIVERS FOR DIVERSIONARY PROGRAMS OR TREATMENTS Waives, for certain indigent individuals a public defender represents, the fee for certain diversionary programs and treatments and prohibits courts from requiring community service in lieu of any fees for indigent persons sHB6594 / File No.

707 45 sHB6594 File No.

707 §§ 14 & 19 — NARCOTIC DRUG STORAGE Adds a penalty for failure to keep a narcotic in the original container and allows violators to take the pretrial drug education and community service program § 20 — FINE FOR FAILING TO PAY OR ACT FOR CERTAIN INFRACTIONS OR VIOLATIONS Reduces certain penalties when a person fails to pay or respond to infractions or violations § 21 — PRE-SENTENCE CONFINEMENT CREDIT Allows for pre-sentence confinement credit on concurrent sentences and that consecutive sentences are only counted once §§ 22-24 — SALE OR POSSESSION OF DRUGS IN DRUG-FREE ZONES Reduces the (1) scope of laws enhancing the penalties for illegal drug activities in drug- free zones and (2) size of these zones from 1,500 to 200 feet § 25 — SENTENCE MODIFICATIONS Expands eligibility for sentence modification by allowing the court, without an agreement between the defendant and the state, to modify sentences, including those under plea agreements with seven years or less of actual incarceration *House Amendment “A” (1) eliminates the underlying bill’s provisions transferring certain civil functions from the Division of Criminal Justice to the attorney general, (2) adds definitions for the electronic stalking provision, and (3) makes conforming changes.

EFFECTIVEDATE:

October1,2021,exceptthesentence modification provisions (§ 28) are effective upon passage.

§ 1 — DEPOSITIONS FOR THOSE INFIRM AND AGE 75 AND OLDER Allows the state to depose individuals who are infirm and age 75 and older in certain trials The bill allows the state to ask the Superior Court or judge to depose witnesses who are infirm and age 75 and older in any case involving an offense where the punishment may be imprisonment of more than one year.

Current law allows these witness depositions to be taken before a commissioner or magistrate that the court or judge designates.

The bill alsoallowsthese depositionstobebeforeajudge.Asunderexistinglaw, depositions occur if it appears the witness’s testimony will be required at trial and he or she will be unable to testify at trial.

sHB6594 / File No.

707 46 sHB6594 File No.

707 §§ 2 & 3 — SOLICITING SEXUAL ACTS Changes “patronizing a prostitute” to “soliciting sexual acts” The bill changes the crime of “patronizing a prostitute” to “soliciting sexual acts.” §§ 4-5 — INVESTIGATIONS TO REMOVE TOWN CLERKS AND TREASURERS Requires that the attorney general, rather than the state’s attorneys, investigate a town clerk or treasurer for removal The bill transfers fromthe state’s attorneysto the attorney general the responsibility for investigating a town clerk or treasurer for removal.As under current law for state’s attorneys, the bill requires the attorney general to, among other things, investigate charges of misconduct, willful and material neglect of duty, or incompetent conduct.

Additionally,theattorneygeneralhasthepowerto,amongotherthings, summonwitnesses,requiretheproductionofnecessarydocuments,and represent the state in removal hearings.

§ 6 — PENSION REVOCATION NOTICE Requires prosecutors to notify the attorney general of certain proceedings involving pension revocation for public employees and eliminates this notice requirement for federal court proceedings Under current law, the attorney general must notify the prosecutor when the defendant in a state or federal court criminal proceeding is a public official or state or municipal employee charged with a crime related to his or her office for purposes of pension revocation.

The bill instead requires the prosecutor to notify the attorney general of the proceeding and eliminates the requirement for this notice for federal court proceedings.

It also requires the attorney general to pursue the remedies under the pension revocation law (e.g., fines, restitutions, or other monetary orders paid from the official’s or employee’s pension).

§ 7 — VENDOR FRAUD Expands the definition of vendor fraud to include instances where the person has intent to defraud the state or the beneficiary and has knowledge of an event that would result in lower benefit payments Under current law, vendor fraud is when a person, acting on their sHB6594 / File No.

707 47 sHB6594 File No.

707 own or on an entity’s behalf, provides goods or services to public assistance beneficiaries (including Medicaid) with the intent to defraud either the state or the beneficiary.

The bill expands the circumstances that constitute vendor fraud to include instances where the person has knowledge of the occurrence of any event affecting (1) his or her initial or continued right to the benefit or payment, or (2) the initial or continued right to the benefit or payment of any beneficiary he or she applied for or is receiving the benefit or payment for, and the person conceals or does not disclose the event intending to fraudulently secure thebenefit or payment either inagreater amount or quantity thanisdue or when no benefit or payment is allowed.

By law, there are six degrees of vendor fraud, with penalties ranging from a class C misdemeanor (punishable by up to three months imprisonment, up to a $500 fine, or both) to a class B felony (punishable by up to 20 years imprisonment, up to a $15,000 fine, or both), depending on the amount of goods or services involved.

§ 8 — ELECTRONIC STALKING Increases the penalty for electronic stalking and broadens the definition of the crime Under current law, a person is guilty of electronic stalking when he or she recklessly causes another person to reasonably fear for his or her physical safety by willfully and repeatedly using a global positioning system or similar electronic monitoring system to remotely determine or track the person’s position or movement.

The bill broadens the crime’s definition to include intending to kill, injure, harass, or intimidate another person by using an interactive computer service or electronic communication service, electronic communication system, or electronic monitoring system to place the other person under surveillance or engage in other conduct that (1) places the other person or their immediate family member or intimate partner in a reasonable fear of death or serious bodily injury or (2) causes, attempts to cause, or is reasonably expected to cause substantial emotional distress to these individuals.

Under the bill, an “immediate family member” means (1) a person’s sHB6594 / File No.

707 48 sHB6594 File No.

707 spouse, parent, brother, sister, or child, or the person to whom the person stands in loco parentis (i.e., in place ofa parent) or (2) any person living in the household and related to the person by blood or marriage.

“Intimate partner” means a (1) former spouse;

(2) person who has a child in common with the person regardless of whether he or she is or has been married or are living or have lived together at any time;

or (3) person in, or who has recently been in, a dating relationship with the person.

The bill increases the penalty from a class B misdemeanor (punishable by up to six months imprisonment, up to a $1,000 fine, or both) to a class D felony (punishable by up to five years imprisonment, up to a $5,000 fine, or both).

§ 9 — INTIMATE IMAGES Specifies what is considered “harm” for distributing intimate images;

prohibits dissemination when the other person is not identifiable but there is other identifying information included;

and increases the penalty when dissemination is to more than one person over certain electronic platforms “Harm” By law, a person is guilty of unlawful dissemination of an intimate image when the person intentionally disseminates an intimate image without the other person’s consent, knowing that the other person believed the image would not be disseminated, and the other person suffers harm because of the dissemination.

The bill specifies “harm” includes subjecting the other person to hatred, contempt, ridicule, physical or financial injury, psychological harm, or serious emotional distress.

Identifiable Information Under current law, there are certain circumstances where disseminating these images is not a crime, including, among others, when the other person is not clearly identifiable.

But under the bill, the exemption does not apply if there is personally identifying information associated with or accompanying the image.

sHB6594 / File No.

707 49 sHB6594 File No.

707 Increased Penalty The bill increases the penalty, from a class A misdemeanor (punishablebyuptooneyearimprisonment,uptoa$2,000fine,orboth) to a class D felony if the unlawful dissemination is to more than one person by means of an interactive computer service, an information service, or a telecommunications service.

Under thebill,“interactive computerservice”means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet, and the systems libraries or educational institutions operate or offer services for (47 U.S.C.

§ 230).

“Information service” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but excludes any use of any such capability for managing, controlling, or operating atelecommunications system or managing a telecommunications service (47 U.S.C.

§ 153).

“Telecommunications service” means any transmission in one or more geographic areas (1) between or among points the user specifies;

(2) of information of the user’s choosing;

(3) without change in the information’s form or content as sent and received;

(4) by electromagnetic transmission means, including fiber optics, microwave, and satellite;

(5) with or without benefit of any closed transmission medium;

and (6) including all instrumentalities, facilities, apparatus, and services, except customer premises equipment, which are used for collecting, storing, forwarding, switching, and delivering such information and are essential to the transmission (CGS § 16-247a).

§ 10 — SENTENCING PERSISTENT OFFENDERS Limits the look-back period for controlled substance possession and certain felonies to 10 years for persistent offenders and expands the exemption for these felony offenders to include class E felonies By law, to be considered a persistent offender a person must (1) stand sHB6594 / File No.

707 50 sHB6594 File No.

707 convicted of certain crimes and (2) have a prior conviction of certain crimes.

The bill limits the look-back period for qualifying felonies for prior convictions to 10 years for controlled substance possession violations and certain felonies.

Under current law, a persistent offender for possession of a controlled substance is someone convicted of a controlled substance possession violation who has two prior controlled substance possession convictions.

The bill limits the look-back to 10 years.

Under current law, a persistent felony offender is someone convicted of a felony, other than a class D felony, and who has been convicted twice previously of these felonies.

The bill (1) extends the exemption to also include class E felonies (punishable by up to three years imprisonment, up to a $3,500 fine, or both) and (2) limits the look-back period to 10 years.

§§ 11-18 — FEE WAIVERS FOR DIVERSIONARY PROGRAMS OR TREATMENTS Waives, for certain indigent individuals a public defender represents, the fee for certain diversionary programs and treatments and prohibits courts from requiring community service in lieu of any fees for indigent persons Fee Waivers For individuals, and students’ parents or guardians, as applicable, who are indigent and eligible for a public defender, the bill waives the fees for certain diversionary programs.

In certain programs, it also eliminates the requirement that good cause be shown or that the fee would cause economic hardship.

The bill waives the fees for the following programs:

1.

community service labor program (CGS § 53a-39c), 2.

accelerated pretrial rehabilitation (CGS § 54-56e), 3.

pretrial alcohol education programs for certain motor vehicle violations (CGS § 54-56g), 4.

pretrial drug education and community service program for sHB6594 / File No.

707 51 sHB6594 File No.

707 certain dependency-producing drug offenses (CGS § 54-56i), 5.

pretrial school violence prevention program (CGS § 54-56j), and 6.

pretrial family violence education program (CGS § 46b-38c).

Under existing law, indigent individuals are exempt from these program fees upon the filing of indigent status, its confirmation, and entering the finding.

The bill prohibits anyone from being denied a Department of Mental Health and Addiction Services clinical examiner examination due to inability to pay the associated fees or costs of the exam or program.

The bill waives the fees though the processes described above.

Under current law, a person granted suspended prosecution for drug or alcohol dependence treatment may be deemed indigent if the court determines the person 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.

The bill also allows individuals to be deemed indigent if they have been determined indigent and eligible for a public defender to be appointed on their behalf.

The bill makes minor, technical, and conforming changes.

Community Service Prohibition Additionally, the bill prohibits the court from requiring community service in lieu of paying the fee if waived for any of the programs described above.

§§ 14 & 19 — NARCOTIC DRUG STORAGE Adds a penalty for failure to keep a narcotic in the original container and allows violators to take the pretrial drug education and community service program Penalty By law, a person who legally has any narcotic drug may only possess it in the container was delivered in.

The bill makes anyone who fails to do this guilty of a class D misdemeanor (punishable by up to 30 days imprisonment, up to a $250 fine, or both).

Under current law, a person sHB6594 / File No.

707 52 sHB6594 File No.

707 violating a dependency-producing drug provision without a specified penalty is subject to, for (1) a first offense, a fine of up to $3,500, imprisonment of up to two years, or both;

and (2) any subsequent offense, a class C felony (punishable by up to 10 years imprisonment, up to a $10,000 fine, or both).

The bill’s penalties do not apply to anyone who in good faith places the narcotic in either a (1) pill box, case, or organizer stored within his or her residence, or (2) secured or locked pill box, case, or organizer, if these objects are accompanied by proof of the person’s prescription.

Pretrial Drug Education and Community Service Program The bill allows certain individuals charged with improper storage to take the pretrial drug education and community service program.

As under existing law, individuals are generally ineligible to participate if they have already previously participated twice in this program, or its predecessor or community service programs.

The program has a $100 application fee, $150 evaluation fee, and $600 program fee, unless waived (see above).

Among other things, the program consists of 15 sessions of drug education, at least 15 sessions of substance abuse treatment, and community service.

As under existing law, if a person successfully completes the program, the court dismisses the charges, but those who do not complete the program must return to court to face the original charges.

§ 20 — FINE FOR FAILING TO PAY OR ACT FOR CERTAIN INFRACTIONS OR VIOLATIONS Reduces certain penalties when a person fails to pay or respond to infractions or violations Under current law, a person charged with an infraction who fails to pay the fine and additional fee, fails to send in a plea of not guilty by the answer date, or willfully fails to appear at a required scheduled court appearance date is guilty of a class C misdemeanor.

But for certain infractions or violations, failing to pay the fine and fees, failing to send in a timely plea, or willfully failing to appear in court is a class A sHB6594 / File No.

707 53 sHB6594 File No.

707 misdemeanor.

The bill reduces these penalties to an unclassified misdemeanor for which violators may be subject to up to 10 days imprisonment.

§ 21 — PRE-SENTENCE CONFINEMENT CREDIT Allows for pre-sentence confinement credit on concurrent sentences and that consecutive sentences are only counted once Under the bill, anyone who is confined in a community correctional center or a correctional institution for an offense committed on or after October 1, 2021, under a mittimus (an order to arrest and bring a person before the court) or because the person is unable to obtain bail or is denied bail, must, if subsequently imprisoned, have their sentence reduced by the number of days they spent in pre-sentence confinement.

In calculating these credits, each day of pre-sentence confinement is counted (1) equally in reducing any concurrent sentence imposed for any offense pending at the time the sentence was imposed, but (2) only once in reducing any imposed consecutive sentence.

These provisions apply only to people whose inability to obtain bail or bail denial is the sole reason for their presentence confinement.

However, if a person is imprisoned at the same time he or she is in presentence confinement on another charge and the conviction for the imprisonment is reversed on appeal, the person is entitled, in any subsequent sentencing, to a reduction based on the presentence confinement.

Under the bill, in the case of a fine, each day spent confined before sentencing is credited against the sentence at a per diem rate equal to the average daily cost of incarceration as the correction commissioner determines.

§§ 22-24 — SALE OR POSSESSION OF DRUGS IN DRUG-FREE ZONES Reduces the (1) scope of laws enhancing the penalties for illegal drug activities in drug- free zones and (2) size of these zones from 1,500 to 200 feet This bill reduces the scope of laws enhancing the penalties for illegal sHB6594 / File No.

707 54 sHB6594 File No.

707 drug activities near schools, licensed child care centers, and public housing projects (i.e., drug-free zones).

It reduces the size of these zones from 1,500 to 200 feet and specifies that they are measured from the perimeter of the property.

The bill also provides that for the enhanced penalty to apply for some of these crimes, the offender must commit the crime with the intent to do so in a specific location which the trier of fact (i.e., the jury or judge) determines is within the zone.

To the extent this provision applies to illegaldrug salesandrelatedcrimes,it codifiescase law(see Background- Related Cases).

Drug-free zones, which the bill reduces from 1,500 to 200 feet, generally require a mandatory sentence, in addition and consecutive to any prison term imposed for the underlying crime, as follows:

1.

one year for various drug paraphernalia crimes near a public or private elementary or secondary school when the defendant is not enrolled as a student there;

2.

class A misdemeanor with a required prison and probation sentence for possessing illegal drugs near a public or private elementary or secondary school when the defendant is not enrolled as a student there, or near a licensed child care center identified by a conspicuous sign;

or 3.

three years for selling illegal drugs, transporting or possessing them with intent to sell, or related crimes near a (a) public or private elementary or secondary school, (b) licensed child care center identified by a conspicuous sign, or (c) public housing project.

Exceptions to Enhanced Penalties;

Departing From a Mandatory Minimum By law, the enhanced penalties do not apply to (1) drug paraphernalia-related actions involving less than one-half ounce of marijuana or (2) possessing less than one-half ounce of marijuana.

sHB6594 / File No.

707 55 sHB6594 File No.

707 Also, judges can impose less than the law’s mandatory minimum sentence under the laws described above when no one was hurt during the crime and the defendant (1) did not use or attempt or threaten to use physical force;

(2) was unarmed;

and (3) did not threaten to use or suggest that he or she had a firearm, other deadly weapon, or other instrument that could cause death or serious injury.

Defendants must show good cause and can invoke these provisions only once.

Judges must state at sentencing hearings their reasons for (1) imposing the sentence and (2) departing from the mandatory minimum (CGS § 21a- 283a).

Background – Related Cases In a series of cases, the Connecticut Supreme Court has interpreted the statute setting enhanced penalties for drug sales and related crimes in drug-free zones as requiring the state to prove that the defendant intended to sell drugs at a specific location within such a zone.

The state does not have to prove that the defendant knew that the location was within such a zone (see State v.

Denby, 235 Conn.

477 (1995);

State v.

Hedge, 297 Conn.

621 (2010);

State v.

Lewis, 303 Conn.

760 (2012)).

§ 25 — SENTENCE MODIFICATIONS Expands eligibility for sentence modification by allowing the court, without an agreement between the defendant and the state, to modify sentences, including those under plea agreements with seven years or less of actual incarceration The bill expands eligibility for sentence modification (i.e., sentence reduction, defendant discharge, or placement of the defendant on probation or conditional discharge).

Current law requires both the defendant and prosecutors to agree for the court to hold a modification hearing when the defendant’s entire sentence exceeds three years.

The bill allows the court, without an agreement between the defendant and the state, to modify plea agreements, including those with an agreed upon sentence range, which include seven years or less of actual incarceration.

The bill requires such an agreement if the plea is over seven years.

As under existing law, there must be a hearing and good cause shown.

In addition, the bill allows defendants whose sHB6594 / File No.

707 56 sHB6594 File No.

707 sentence is a result of a trial to move for sentence modification without an agreement, regardless of sentence length.

The bill prohibits the defendant from filing a subsequent motion for relief under these provisions until five years after the date of the most recent decision denying him or her relief by a sentence reduction or discharge.

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 32 Nay 5 (04/05/2021) Appropriations Committee Joint Favorable Yea 33 Nay 16 (05/10/2021) sHB6594 / File No.

707 57