Last Updated 11/01/97 05:02

STATE OF CONNECTICUT


                            AMENDMENT

                                                LCO No. 8469
                                 General Assembly
                                 January Session, A.D., 1997
Offered by SEN. HARP, 10th DIST.
           SEN. WILLIAMS, 29th DIST.
           SEN. UPSON, 15th DIST.
           REP. MCDONALD, 148th DIST.
           REP. GERRATANA, 23rd DIST.
           REP. LAWLOR, 99th DIST.
           REP. SCALETTAR, 114th DIST.
           REP. FARR, 19th DIST.
           REP. KIRKLEY-BEY, 5th DIST.
           REP. TULISANO, 29th DIST.
           REP. DANDROW, 30th DIST.
           REP. WINKLER, 41st DIST.
           REP. NYSTROM, 46th DIST.
           REP. MERRILL, 54th DIST.
           REP. O'NEILL, 69th DIST.
           REP. JARJURA, 74th DIST.
           REP. DILLON, 92nd DIST.
           REP. MARTINEZ, 95th DIST.
           REP. WIDLITZ, 98th DIST.
           REP. GYLE, 108th DIST.
           REP. NEWTON, 124th DIST.
           REP. BERNHARD, 136th DIST.
           REP. CAFERO, 142nd DIST.
To Subst. Senate Bill No. 1259    File No. 605    Cal No. 392

Entitled: "AN ACT CONCERNING PILOT RESEARCH PROGRAMS FOR TREATING
DRUG ADDICTION AND  THE  QUALIFICATIONS AND LICENSURE FOR CERTAIN
HEALTH CARE PROFESSIONALS."

    Strike  out  everything   after   the   enacting  clause  and
substitute the following in lieu thereof:
    "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."