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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