Last Updated 09/30/97 14:42

Substitute Senate Bill No. 1259

              PUBLIC ACT NO. 97-248


AN ACT CONCERNING  SUBSTANCE  ABUSE  EDUCATION AND
TREATMENT PROGRAMS AND  ESTABLISHING A CONNECTICUT
ALCOHOL AND DRUG POLICY COUNCIL.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW) (a) Not later than January 1,
1998,  the  Commissioner   of  Mental  Health  and
Addiction Services may establish, within available
appropriations, a pilot  research  program  in one
mental  health  region  for  the  prescription  of
methadone     or     other      federally-approved
opiate-substitution or alternative  therapies  for
opiate-dependent individuals by physicians who are
licensed  in  this  state,  skilled  in  addiction
medicine   and   associated   with   a   methadone
maintenance     or    other     federally-approved
opiate-substitution therapy treatment  program. No
pilot research program  may  be  established under
this section in  a  town  that  does  not  have an
existing    methadone   maintenance    or    other
federally-approved      opiate-substitution     or
alternative therapy treatment  program without the
approval of the legislative body of such town. The
Commissioner  of  Mental   Health   and  Addiction
Services  shall,  after   consultation   with  the
Commissioner  of Public  Health  and  an  advisory
committee appointed by  the Commissioner of Mental
Health and Addiction Services, establish protocols
for the pilot  research program in accordance with
the provisions of  this  section. The Commissioner
of  Mental Health  and  Addiction  Services  shall
appoint to such advisory committee representatives
of the Department  of  Mental Health and Addiction
Services,  representatives of  the  Department  of
Public Health recommended  by  the Commissioner of
Public   Health,  representatives   of   methadone
maintenance    and    other     federally-approved
opiate-substitution  therapy  treatment  programs,
community medical providers and physicians skilled
in addiction medicine, methadone patients or other
opiate-substitution    or   alternative    therapy
patients or their  representatives,  and any other
persons  the Commissioner  of  Mental  Health  and
Addiction   Services  considers   appropriate   to
develop  such protocols.  The  advisory  committee
shall also conduct  an ongoing review of the pilot
research program.
    (b) The pilot  research  program  shall (1) be
incorporated    into   an    existing    methadone
maintenance     or    other     federally-approved
opiate-substitution    or   alternative    therapy
treatment  program,  (2)   provide   services   to
patients  at  the   location   of  such  methadone
maintenance   or  other   opiate-substitution   or
alternative  therapy treatment  program  or  at  a
location separate from such program, (3) where the
prescription     of     methadone     or     other
opiate-substitution  medication  is  part  of  the
treatment,   require   such   medication   to   be
prescribed by a  physician  associated  with  such
program  and  dispensed,  as  determined  by  such
prescribing  physician,  by   such   physician,  a
pharmacy or the  methadone  maintenance  or  other
opiate-substitution    or   alternative    therapy
treatment clinic, and  (4)  set  other appropriate
standards   and   protocols    for   the   program
consistent,      where      appropriate,      with
recommendations   of   the    American   Methadone
Treatment    Association,   including    protocols
concerning  the  nature   of   the  association  a
physician shall have  with  the treatment program,
the qualifications of  a  participating physician,
admission to, participation in, discharge from and
retention  in  such  program,  transition  of  the
patients to other  programs  and  the  methods for
evaluating the program.
    (c) Not later  than January 1, 1999, and every
six months thereafter,  the Commissioner of Mental
Health  and  Addiction  Services  shall  submit  a
report evaluating the effectiveness of the program
to the joint  standing  committees  of the General
Assembly having cognizance  of matters relating to
criminal justice and public health.
    Sec. 2. (NEW)  The Commissioner of Correction,
in  consultation with  the  Department  of  Mental
Health and Addiction  Services  and  the  Judicial
Department,  shall  review,   evaluate   and  make
recommendations    concerning   substance    abuse
detoxification   and   treatment    programs   for
drug-dependent pretrial and  sentenced  inmates of
correctional facilities and  the  reintegration of
such inmates into  the community. The commissioner
shall   examine   various    options    for    the
detoxification  and  treatment  of  drug-dependent
inmates including, but  not  limited to, methadone
maintenance  treatment  and   other  therapies  or
treatments,    and    the     reintegration     of
drug-dependent  inmates into  the  community  upon
their release from  incarceration,  including  the
transfer of inmates  to  community-based methadone
or  other  therapy   or  treatment  programs.  The
commissioner  shall  report   his   findings   and
recommendations   and  submit   a   proposal   for
detoxification,   treatment   and    reintegration
programs    including,   if    appropriate,    the
establishment of one  or  more  pilot programs for
methadone   maintenance  or   other   therapy   or
treatment  for  drug-dependent   inmates   to  the
General Assembly not later than February 1, 1998.
    Sec.  3. (NEW)  (a)  There  is  established  a
Connecticut Alcohol and  Drug Policy Council which
shall  be  within   the   Office   of  Policy  and
Management for administrative purposes only.
    (b) The council shall consist of the following
members: (1) The Secretary of the Office of Policy
and  Management,  or   his   designee;   (2)   the
Commissioners    of   Children    and    Families,
Correction,  Education, Higher  Education,  Mental
Health  and  Addiction  Services,  Public  Health,
Public  Safety  and   Social   Services   and  the
Insurance Commissioner, or  their  designees;  (3)
the Chief Court  Administrator,  or  his designee;
(4) the chairman  of  the  Board of Parole, or his
designee; (5) the  Chief  State's Attorney, or his
designee; (6) the  Chief  Public  Defender, or his
designee; and (7)  the cochairpersons of the joint
standing committees of the General Assembly having
cognizance of matters  relating  to public health,
criminal  justice  and   the   budgets   of  state
agencies, or their  designees. The Commissioner of
Mental  Health and  Addiction  Services  shall  be
chairman of the  council. The Office of Policy and
Management shall, within available appropriations,
provide staff for the council. The chairman of the
council shall schedule  the  first  meeting of the
council to be held not later than October 1, 1997.
    (c)  The council  shall  review  policies  and
practices of individual  agencies and the Judicial
Department  concerning substance  abuse  treatment
programs, substance abuse prevention services, the
referral of persons to such programs and services,
and criminal justice  sanctions  and  programs and
shall  develop  and   coordinate   a   state-wide,
interagency, integrated plan for such programs and
services  and criminal  sanctions.  On  or  before
January fifteenth of  each year, the council shall
submit a report  to  the  Governor and the General
Assembly that evaluates  the  plan  and recommends
any  proposed  changes   thereto.  In  the  report
submitted  on or  before  January  15,  1998,  the
council shall report on the progress made by state
agencies in implementing  the  recommendations  of
its predecessor, the  Connecticut Alcohol and Drug
Policy  Council  established  by  Executive  Order
Number 11A, set  forth in its initial report dated
February 25, 1997.
    Sec. 4. (a)  The  joint  standing committee of
the  General  Assembly   on  public  health  shall
conduct a study  of issues related to the training
of health care  professionals  in  substance abuse
diagnosis, treatment and  prevention.  Such  study
shall  include,  but   not   be   limited  to,  an
examination  of  (1)   the   establishment   of  a
requirement that persons applying for licensure as
health  care professionals  successfully  complete
training related to  substance  abuse  issues as a
condition of such licensure, (2) the establishment
of a requirement  that  currently  licensed health
care professionals successfully  complete training
related  to  substance   abuse   issues  within  a
specified time period,  (3) the establishment of a
requirement of continuing  education  in substance
abuse issues for  health  care  professionals, (4)
the types of  health care professionals who should
be subject to  any  such  training  or  continuing
education requirements, (5)  the frequency of such
continuing education requirement, (6) the means by
which a health care professional could satisfy the
training or continuing education requirements, (7)
disciplinary    sanctions    for    health    care
professionals who fail  to  successfully  complete
such training or continuing education, and (8) the
establishment by the  Department  of Public Health
of  minimum  standards   for   such   training  or
continuing education.
    (b)  Not  later  than  January  1,  1998,  the
committee shall submit  a  report  on its findings
and  recommendations,  including  any  recommended
legislation, to the General Assembly.
    Sec. 5. Subdivisions  (18) and (19) of section
21a-240 of the  general  statutes are repealed and
the following is substituted in lieu thereof:
    (18)  "Drug  dependence"  means  a  [state  of
physical or psychic  dependence,  or  both, upon a
controlled substance following  administration  of
that controlled substance upon a repeated periodic
or   continuous   basis    except   (A)   upon   a
morphine-type substance as  an incident to current
medical  treatment  of   a  demonstrable  physical
disorder, other than  produced  by  the use of the
controlled   substance   itself,   or   (B)   upon
amphetamine-type, barbiturate-type, hallucinogenic
or  other  stimulant   and  depressant  controlled
substances  as  an  incident  to  current  medical
treatment   of   a    demonstrable   physical   or
psychological  disorder,  or   both,   other  than
produced  by  the   controlled  substance  itself]
PSYCHOACTIVE SUBSTANCE DEPENDENCE ON DRUGS AS THAT
CONDITION IS DEFINED IN THE MOST RECENT EDITION OF
THE "DIAGNOSTIC AND  STATISTICAL  MANUAL OF MENTAL
DISORDERS"    OF    THE    AMERICAN    PSYCHIATRIC
ASSOCIATION;
    (19)  "Drug-dependent person"  means  [any]  A
person who has  [developed  a  state of psychic or
physical dependence, or  both,  upon  a controlled
substance   following   administration   of   that
substance upon a  repeated  periodic or continuous
basis.  No person  shall  be  classified  as  drug
dependent   who   is    dependent   (A)   upon   a
morphine-type substance as  an incident to current
medical  treatment  of   a  demonstrable  physical
disorder other than  drug  dependence, or (B) upon
amphetamine-type,   ataractic,   barbiturate-type,
hallucinogenic or other  stimulant  and depressant
substances  as  an  incident  to  current  medical
treatment   of   a    demonstrable   physical   or
psychological disorder, or  both,  other than drug
dependence] A PSYCHOACTIVE SUBSTANCE DEPENDENCE ON
DRUGS AS THAT  CONDITION  IS  DEFINED  IN THE MOST
RECENT EDITION OF  THE "DIAGNOSTIC AND STATISTICAL
MANUAL  OF  MENTAL   DISORDERS"  OF  THE  AMERICAN
PSYCHIATRIC ASSOCIATION.
    Sec.  6.  Section   51-181b   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [(a)]  The Chief  Court  Administrator  [shall
designate  a  court  location  in  which  a  pilot
program is to be established where there shall be]
MAY  ESTABLISH  IN  ANY  GEOGRAPHICAL  AREA  COURT
LOCATION  OR JUVENILE  MATTERS  COURT  LOCATION  a
docket separate from  other  criminal  OR JUVENILE
matters for the  hearing  of  criminal OR JUVENILE
matters in which  a  defendant is a drug-dependent
person, as defined  in section 21a-240, AS AMENDED
BY  THIS  ACT.   The   [program]   DOCKET   IN   A
GEOGRAPHICAL   AREA  COURT   LOCATION   shall   be
available to, but not be limited to, offenders who
are sixteen to  twenty-one  years  of  age and who
could benefit from  placement in a substance abuse
treatment program.
    [(b)  The  Chief   Court  Administrator  shall
establish  policies and  procedures  to  implement
such pilot program  and  on  or  before January 1,
1997, shall report  recommendations  for expansion
of such program  to the judiciary committee of the
General Assembly.]
    Sec. 7. (NEW)  (a)  Not  later than October 1,
1997,   but  in   no   event   sooner   than   the
establishment of the pilot research drug education
program  under  section   8   of   this  act,  the
Department of Mental Health and Addiction Services
shall establish a  pretrial drug education program
for persons charged  with  a  violation of section
21a-267 or subsection  (c)  of  section 21a-279 of
the general statutes.
    (b) Upon application  by  any  such person for
participation in such  program,  the  court shall,
but only as  to the public, order such information
or complaint to  be  filed as a sealed information
or complaint, provided  such  person  states under
oath,  in  open   court   or   before  any  person
designated by the  clerk  and  duly  authorized to
administer oaths, under penalties of perjury, that
he has never  had  such  program  invoked  in  his
behalf.  A  person   shall   be   ineligible   for
participation  in  such  pretrial  drug  education
program if he  has  previously participated in the
drug  education  program  established  under  this
section or the  pretrial  community  service labor
program established under  section  53a-39c of the
general statutes, as amended by section 11 of this
act.
    (c)  The court,  after  consideration  of  the
recommendation of the  state's attorney, assistant
state's  attorney  or   deputy  assistant  state's
attorney  in charge  of  the  case,  may,  in  its
discretion, grant such  application.  If the court
grants  such  application,  it  shall  refer  such
person to the  Bail Commission for confirmation of
the eligibility of the applicant.
    (d)  Upon confirmation  of  eligibility,  such
person shall be  referred  to  the  Department  of
Mental Health and  Addiction  Services by the Bail
Commission for placement  in  the  drug  education
program. Any person  who  enters the program shall
agree:  (1) To  the  tolling  of  the  statute  of
limitations with respect  to  such crime; (2) to a
waiver of his  right to a speedy trial; and (3) to
any conditions that  may  be  established  by  the
department concerning participation  in  the  drug
education program including  conditions concerning
participation  in  meetings  or  sessions  of  the
program.  The  department   shall  require,  as  a
condition  of  the  assigned  program,  that  such
person participate in,  and successfully complete,
a  community  service  labor  program  established
under section 53a-39c  of the general statutes, as
amended by section 11 of this act, for a period of
four days.
    (e) If the  Bail  Commission informs the court
that such person is ineligible for the program and
the court makes  a  determination of ineligibility
or if the  program provider certifies to the court
that such person did not successfully complete the
assigned  program,  the   court  shall  order  the
information or complaint  to  be unsealed, enter a
plea of not guilty for such person and immediately
place the case on the trial list.
    (f) If such  person  satisfactorily  completes
the assigned program,  he  may apply for dismissal
of the charges  against  him  and  the  court,  on
reviewing the record  of his participation in such
program submitted by  the  Bail  Commission and on
finding   such  satisfactory   completion,   shall
dismiss the charges. If such person does not apply
for dismissal of  the  charges  against  him after
satisfactorily  completing the  assigned  program,
the court, upon  receipt  of  the  record  of  his
participation in such  program  submitted  by  the
Bail Commission, may  on  its  own  motion  make a
finding  of  such   satisfactory   completion  and
dismiss the charges.  Upon  motion  of such person
and a showing  of good cause, the court may extend
the placement period  for  a reasonable period for
such person to  complete  the  assigned program. A
record of participation  in  such program shall be
retained by the  Bail  Commission  for a period of
seven years from the date of application.
    (g)  At  the   time   the   court  grants  the
application for participation in the pretrial drug
education program, such  person  shall  pay to the
court a nonrefundable  program  fee of six hundred
dollars, except that  no  person  may  be excluded
from such program  for  inability to pay such fee,
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 Bail Commission,  and  (3)  the court enters a
finding thereof. The  court  may  waive all or any
portion of such  fee  depending  on  such person's
ability  to  pay.   If   the   court   denies  the
application, such person  shall not be required to
pay the program  fee.  If  the  court  grants  the
application, and such  person  is later determined
to  be  ineligible   for   participation  in  such
pretrial  drug  education   program  or  fails  to
complete     the     assigned     program,     the
six-hundred-dollar  program  fee   shall   not  be
refunded. All such  program fees shall be credited
to the General Fund.
    (h)  The  Department   of  Mental  Health  and
Addiction  Services shall  develop  standards  and
oversee  appropriate drug  education  programs  to
meet the requirements  of  this  section  and  may
contract with service  providers  to  provide such
programs. The department  shall  adopt regulations
in  accordance with  chapter  54  of  the  general
statutes  to establish  standards  for  such  drug
education programs.
    Sec. 8. (NEW)  (a)  Not  later than October 1,
1997,  the  Department   of   Mental   Health  and
Addiction  Services,  in   consultation  with  the
Department  of  Children   and   Families,   shall
establish,  within  available   appropriations,  a
pilot  research  drug  education  program  in  one
mental health region  for  parents or guardians of
children in neglect cases where substance abuse is
identified as a  factor  in  such  neglect but the
person is not drug-dependent.
    (b)  If  the   Commissioner  of  Children  and
Families, in his  investigation  of  the report of
the neglect of  a  child, substantiates the report
and determines that  substance abuse by the parent
or guardian of  the  child  was  a  factor in such
neglect, the department  may refer such person for
an evaluation. If  the  evaluation determines that
the person is not drug-dependent but would benefit
from  a drug  education  program  and  the  person
resides in the  mental  health  region  where  the
pilot research drug  education  program  has  been
established,  the department  may  recommend  that
such person participate  in  such  drug  education
program.
    (c) Such person may apply to the Department of
Mental   Health   and    Addiction   Services   to
participate   in  the   drug   education   program
established under this  section. A person shall be
ineligible to participate  in  such  program if he
has previously participated  in  the program or if
he fails to meet any conditions established by the
department for participation  in  the  program.  A
person determined to  be  eligible for the program
shall  pay  to   the  department  a  nonrefundable
program fee of six hundred dollars, except that no
person  may be  excluded  from  such  program  for
inability to pay  such  fee  provided  such person
files  with  the   department   an   affidavit  of
indigency or inability  to pay. The department may
waive all or  any  portion of the fee depending on
such person's ability  to  pay.  All  such program
fees shall be credited to the General Fund.
    (d) If such  person  satisfactorily  completes
the  drug education  program,  the  Department  of
Children   and  Families   shall   consider   such
satisfactory completion in evaluating the case.
    (e)  The  Department   of  Mental  Health  and
Addiction  Services,  in   consultation  with  the
Department  of  Children   and   Families,   shall
identify services which are deemed appropriate for
adults,  children  and  caregivers  in  households
where  the  parent  or  guardian  has  been  found
eligible  to participate  in  the  drug  education
program established under  this  section and which
services   are   directed    at   addressing   the
conditions,  circumstances  or  associations  that
contributed to the  neglect  of a child, and shall
recommend a plan to provide such services.
    (f)  The  Department   of  Mental  Health  and
Addiction  Services,  in   consultation  with  the
Department of Children and Families, shall develop
standards and oversee  appropriate  drug education
programs to meet  the requirements of this section
and may contract with service providers to provide
such   programs.  The   department   shall   adopt
regulations in accordance  with  chapter 54 of the
general statutes to  establish  standards for such
drug education programs.
    (g)  The  Department   of  Mental  Health  and
Addiction Services shall, in consultation with the
Department  of Children  and  Families,  submit  a
report to the  General  Assembly  not  later  than
February 15, 1998,  evaluating  the pilot research
drug  education  program  established  under  this
section. Such report  shall  include,  but  not be
limited to, the  number  of  participants  in such
program, the number  of  participants who paid all
or any portion  of  the  participation  fee or for
whom the fee  was  waived,  the  number of neglect
cases  where  the  Commissioner  of  Children  and
Families   determined   that   services   of   the
department  were no  longer  necessary  after  the
parent or guardian  participated  in  the program,
the efficacy of  the  program and a plan to expand
the program to  a  second  mental health region by
July  1, 1998.  The  department  shall  submit  an
additional  report evaluating  such  programs  not
later  than  January   1,   1999,   and   annually
thereafter.
    Sec. 9. Subsection  (a)  of  section 54-76j of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The court,  upon  the  adjudication of any
person as a  youthful offender, may (1) commit the
defendant, (2) impose  a  fine  not  exceeding one
thousand  dollars,  (3)   impose   a  sentence  of
conditional   discharge   or    a    sentence   of
unconditional discharge, (4)  impose a sentence of
community service, (5) impose a sentence to a term
of imprisonment not  greater  than that authorized
for the crime  committed  by  the  defendant,  (6)
impose sentence and  suspend  the execution of the
sentence, entirely or  after  a  period set by the
court,  [or]  (7)   order  treatment  pursuant  to
section [17a-656] 17a-699,  OR  (8)  IF A CRIMINAL
DOCKET  FOR  DRUG-DEPENDENT   PERSONS   HAS   BEEN
ESTABLISHED  PURSUANT  TO   SECTION   51-181b,  AS
AMENDED BY THIS  ACT,  IN THE JUDICIAL DISTRICT IN
WHICH THE DEFENDANT  WAS  ADJUDICATED  A  YOUTHFUL
OFFENDER,   TRANSFER  THE   SUPERVISION   OF   THE
DEFENDANT TO THE COURT HANDLING SUCH DOCKET.
    Sec.  10.  Section   54-56e   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    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. The court
may, in its  discretion,  invoke  such  program on
motion of the  defendant or on motion of a state's
attorney or prosecuting  attorney  with respect to
an accused who,  the court believes, will probably
not offend in  the  future,  who  has  no previous
record of conviction  of a crime or of a violation
of  section  14-196,  subsection  (c)  of  section
14-215, section 14-222a, subsection (a) of section
14-224 or section  14-227a, who has not previously
been  adjudged  a   youthful  offender  under  the
provisions   of   sections   54-76b   to   54-76n,
inclusive, and who  states  under  oath,  in  open
court or before any person designated by the clerk
and duly authorized to administer oaths, under the
penalties of perjury  that  he  has never had such
program  invoked  in   his  behalf,  provided  the
defendant shall agree  thereto and provided notice
has been given  by the accused, on a form approved
by rule of court, to the victim or victims of such
crime  or motor  vehicle  violation,  if  any,  by
registered or certified  mail  and  such victim or
victims have an  opportunity  to be heard thereon.
Any   defendant   who    makes   application   for
participation in such  program  shall  pay  to the
court an application  fee  of thirty-five dollars.
This section shall not be applicable to any person
charged with a  class  A  or  class  B felony or a
violation of section  14-227a,  subdivision (2) of
section 53-21, section  53a-56b,  53a-60d, 53a-70,
53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b or to
any person accused  of  a family violence crime as
defined in section 46b-38a who (1) is eligible for
the  pretrial family  violence  education  program
established  under section  46b-38c,  or  (2)  has
previously  had  the   pretrial   family  violence
education program invoked  in  his  behalf. Unless
good cause is  shown,  this  section  shall not be
applicable to any  person  charged  with a class C
felony.  Any defendant  who  enters  such  program
shall pay to  the court a participation fee of one
hundred dollars. Any  defendant  who  enters  such
program shall agree  to the tolling of any statute
of limitations with respect to such crime and to a
waiver of his  right  to  a speedy trial. Any such
defendant shall appear  in  court and shall, UNDER
SUCH  CONDITIONS AS  THE  COURT  SHALL  ORDER,  be
released to the  custody  of  the  Office of Adult
Probation, [for such  period,  not  exceeding  two
years, and under  such  conditions  as  the  court
shall order] EXCEPT THAT, IF A CRIMINAL DOCKET FOR
DRUG-DEPENDENT   PERSONS  HAS   BEEN   ESTABLISHED
PURSUANT TO SECTION  51-181b,  AS  AMENDED BY THIS
ACT, IN THE  JUDICIAL DISTRICT, SUCH DEFENDANT MAY
BE TRANSFERRED, UNDER SUCH CONDITIONS AS THE COURT
SHALL ORDER, TO THE COURT HANDLING SUCH DOCKET FOR
SUPERVISION  BY  SUCH   COURT.  If  the  defendant
refuses to accept,  or,  having accepted, violates
such conditions, his  case  shall  be  brought  to
trial.   THE   PERIOD   OF   SUCH   PROBATION   OR
SUPERVISION, OR BOTH,  SHALL NOT EXCEED TWO YEARS.
If the defendant  has  reached  the age of sixteen
years but has not reached [to] THE age of eighteen
years, the court  may order that as a condition of
such  probation  the  defendant  be  referred  for
services to a  youth  service  bureau  established
pursuant to section  17a-39,  provided  the  court
finds, through an  assessment  by  a youth service
bureau or its  designee,  that the defendant is in
need of and  likely to benefit from such services.
If [such] A  defendant  RELEASED TO THE CUSTODY OF
THE  OFFICE  OF   ADULT  PROBATION  satisfactorily
completes his period  of  probation,  he may apply
for dismissal of  the  charges against him and the
court, on finding  such  satisfactory  completion,
shall dismiss such  charges. If the defendant does
not apply for dismissal of the charges against him
after  satisfactorily  completing  his  period  of
probation, the court,  upon  receipt  of  a report
submitted by the  Office  of  Adult Probation that
the defendant satisfactorily  completed his period
of probation, may on its own motion make a finding
of such satisfactory  completion  and dismiss such
charges. IF A  DEFENDANT  TRANSFERRED TO THE COURT
HANDLING THE CRIMINAL  DOCKET  FOR  DRUG-DEPENDENT
PERSONS  SATISFACTORILY COMPLETES  HIS  PERIOD  OF
SUPERVISION, THE COURT SHALL RELEASE THE DEFENDANT
TO THE CUSTODY  OF  THE  OFFICE OF ADULT PROBATION
UNDER SUCH CONDITIONS  AS THE COURT SHALL ORDER OR
SHALL DISMISS SUCH  CHARGES.  Upon  dismissal, all
records of such  charges  shall be erased pursuant
to section 54-142a.  An order of the court denying
a  motion  to   dismiss   the  charges  against  a
defendant  who  has   completed   his   period  of
probation  OR  SUPERVISION   or   terminating  the
participation of a defendant in such program shall
be a final judgment for purposes of appeal.
    Sec.  11.  Section   53a-39c  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  There is  established,  within  available
appropriations, a community  service labor program
for persons charged  with  a  violation of section
21a-279 who have  not previously been convicted of
a violation of section 21a-277, 21a-278 or 21a-279
OR PREVIOUSLY PARTICIPATED  IN  THE DRUG EDUCATION
PROGRAM ESTABLISHED UNDER  SECTION  7 OF THIS ACT.
Upon   application  by   any   such   person   for
participation in such  program the court may grant
such application and  (1)  if  such person has not
previously been placed  in  the  community service
labor  program,  the   court  may  either  suspend
prosecution and place  such person in such program
or, upon a  plea  of  guilty without trial where a
term of imprisonment  is  part  of  a  stated plea
agreement, suspend any  sentence  of  imprisonment
and make participation in such program a condition
of   probation   or   conditional   discharge   in
accordance with section  53a-30;  or  (2)  if such
person has previously been placed in such program,
the court may, upon a plea of guilty without trial
where a term  of  imprisonment is part of a stated
plea   agreement,   suspend    any   sentence   of
imprisonment  and  make   participation   in  such
program a condition  of  probation  or conditional
discharge in accordance  with said section 53a-30.
No person may  be  placed  in such program who has
twice previously been placed in such program.
    (b)  Any  person   for   whom  prosecution  is
suspended  and who  is  placed  in  the  community
service labor program  pursuant  to subsection (a)
of this section  shall agree to the tolling of the
statute of limitations  with respect to such crime
and to a  waiver of his right to a speedy trial. A
PRETRIAL   COMMUNITY   SERVICE    LABOR    PROGRAM
ESTABLISHED UNDER THIS  SECTION  FOR  PERSONS  FOR
WHOM PROSECUTION IS SUSPENDED SHALL INCLUDE A DRUG
EDUCATION COMPONENT. If such person satisfactorily
completes the program  of  community service labor
to  which  he  was  assigned,  he  may  apply  for
dismissal  of the  charges  against  him  and  the
court,   on   reviewing    the   record   of   his
participation in such  program and on finding such
satisfactory   completion,   shall   dismiss   the
charges. If the  program provider certifies to the
court  that  such   person  did  not  successfully
complete the program of community service labor to
which he was  assigned or is no longer amenable to
participation in such  program,  the  court  shall
enter a plea  of  not  guilty  for such person and
immediately place the case on the trial list.
    (c) The period of participation in a community
service  labor  program   shall   be:  (1)  For  a
violation of subsection  (a)  of  section 21a-279,
fourteen days for  a  first  violation  and thirty
days for a  second  violation; (2) for a violation
of subsection (b) of section 21a-279, ten days for
a first violation  and  twenty  days  for a second
violation; and (3)  for  a violation of subsection
(c) of section  21a-279,  two  days  for  a  first
violation and ten days for a second violation.
    Sec. 12. This  act  shall  take effect July 1,
1997.

Approved June 27, 1997