Connecticut Seal

Substitute House Bill No. 5748

Public Act No. 02-132

AN ACT CONCERNING THE COURT SUPPORT SERVICES DIVISION, COURT OPERATIONS, CONCILIATION PROCEDURES IN A DISSOLUTION OF MARRIAGE AND EXPANSION OF THE PARENTING EDUCATION PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1-24 of the general statutes, as amended by public act 01-7 and section 1 of public act 01-84, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The following officers may administer oaths: (1) The clerks of the Senate, the clerks of the House of Representatives and the chairpersons of committees of the General Assembly or of either branch thereof, during its session; (2) state officers, as defined in subsection (t) of section 9-1, judges and clerks of any court, family support magistrates, justices of the peace, commissioners of the Superior Court, notaries public, commissioners appointed by the Governor to take acknowledgment of deeds, town clerks and assistant town clerks, in all cases where an oath may be administered, except in a case where the law otherwise requires; (3) commissioners on insolvent estates, auditors, arbitrators and committees, to parties and witnesses, in all cases tried before them; (4) assessors and boards of assessment appeals, in cases coming before them; (5) commissioners appointed by governors of other states to take the acknowledgment of deeds, in the discharge of their official duty; (6) the moderator of a school district meeting, in such meeting, to the clerk of such district, as required by law; (7) the first selectman, in any matter before the board of selectmen; (8) the Chief Medical Examiner, Deputy Medical Examiner and assistant medical examiners of the Office of the Medical Examiner, in any matter before them; (9) registrars of vital statistics, in any matter before them; (10) any chief inspector or inspector appointed pursuant to section 51-286; (11) registrars of voters, deputy registrars, assistant registrars, and moderators, in any matter before them; (12) special assistant registrars, in matters provided for in subsections (b) and (c) of section 9-19b and section 9-19c; (13) the Commissioner of Public Safety and any sworn member of any local police department or the Division of State Police within the Department of Public Safety, in all affidavits, statements, depositions, complaints or reports made to or by any member of any local police department or said Division of State Police or any constable who is under the supervision of said commissioner or any of such officers of said Division of State Police and who is certified under the provisions of sections 7-294a to 7-294e, inclusive, and performs criminal law enforcement duties; (14) judge advocates of the United States Army, Navy, Air Force and Marine Corps, law specialists of the United States Coast Guard, adjutants, assistant adjutants, acting adjutants and personnel adjutants, commanding officers, executive officers and officers whose rank is lieutenant commander or major, or above, of the armed forces, as defined in section 27-103, to persons serving with or in the armed forces, as defined in said section, or their spouses; (15) investigators, deputy investigators, investigative aides, secretaries, clerical assistants, social workers, social worker trainees, paralegals and certified legal interns employed by or assigned to the Public Defender Services Commission in the performance of their assigned duties; (16) bail commissioners [, assistant bail commissioners and secretaries and clerical assistants employed in the office of the Bail Commission] employed by the Judicial Department in the performance of their assigned duties; (17) juvenile matter investigators employed by the Division of Criminal Justice in the performance of their assigned duties; (18) the chairperson of the Connecticut Siting Council or the chairperson's designee; (19) the presiding officer at an agency hearing under section 4-177b; (20) family relations counselors [of the Family Division of the Superior Court,] employed by the Judicial Department and support enforcement officers and investigators employed by the Department of Social Services Bureau of Child Support Enforcement and the Judicial Department, in the performance of their assigned duties; (21) the chairperson, vice-chairperson and members of the Board of Parole, parole officers and parole supervisors in the performance of their assigned duties; and (22) the Commissioner of Correction or the commissioner's designee.

Sec. 2. Subsection (c) of section 17a-566 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) Upon completion of the physical and psychiatric examination of the defendant, but not later than sixty days after admission to the diagnostic unit, a written report of the results thereof shall be filed in quadruplicate with the clerk of the court before which he was convicted, and such clerk shall cause copies to be delivered to the state's attorney, to counsel for the defendant and to the [Office of Adult Probation] Court Support Services Division.

Sec. 3. Section 17a-692 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Office of Adult Probation] Court Support Services Division shall have custody of (1) any person charged with a crime for whom the court, pursuant to the provisions of section 17a-696, as amended by this act, has suspended prosecution and ordered treated for alcohol or drug dependency, and (2) any person convicted of a crime whom the court, pursuant to the provisions of section 17a-699, as amended by this act, has sentenced to a period of probation and ordered treated for alcohol or drug dependency.

(b) The [Office of Adult Probation] Court Support Services Division may (1) coordinate, pursuant to the provisions of section 17a-694, as amended by this act, the examination of any person in its custody, (2) coordinate the placement of such person for treatment for alcohol or drug dependency, and (3) monitor the progress and behavior of such person in the treatment program.

(c) The [Office of Adult Probation] Court Support Services Division may transfer any person in a treatment program to another treatment program with the agreement of the director of the program to which the person is proposed to be transferred.

(d) Any person in the custody of the [Office of Adult Probation] Court Support Services Division under the provisions of section 17a-696 or 17a-699, as amended by this act, may, without any notice, be tested for use of alcohol or drugs.

Sec. 4. Subsection (c) of section 17a-694 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

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

Sec. 5. Subsection (c) of section 17a-696 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

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

Sec. 6. Section 17a-697 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The director of the treatment program shall discharge from treatment any person being treated pursuant to the provisions of section 17a-696, as amended by this act, who completes the treatment program. The director of the program shall notify the [office of adult probation] Court Support Services Division of his intent to discharge such person at least seven days before the date the person is to be discharged.

(b) At any time before the end of the period of suspension of prosecution, the [office of adult probation] Court Support Services Division may recommend to the court that the charge be dismissed if the person has (1) completed the treatment program, (2) complied with all conditions set under subsection (c) of section 17a-696, as amended by this act, and (3) abstained from the use of alcohol for one year if such person was alcohol dependent or abstained from the unlawful use of drugs for one year if such person was drug dependent.

(c) Not later than one month before the end of the period of suspension of prosecution, the [office] Court Support Services Division shall notify the court of the impending conclusion of the suspension and submit a report on whether the person has completed the treatment program and has complied with all conditions set under subsection (c) of 17a-696, as amended by this act, and on whether the [office] Court Support Services Division recommends dismissal of the charge.

(d) If the court, on motion by the person discharged from treatment, or on its own motion, finds that the person (1) is responding favorably to treatment at the expiration of the period of suspension of prosecution or has completed the treatment program, and (2) has complied with all other conditions of suspension, it may dismiss the charge for which prosecution had been suspended under the provisions of section 17a-696, as amended by this act. If the court denies the motion and terminates the suspension of prosecution, the state's attorney may proceed with prosecution of the crime.

Sec. 7. Section 17a-698 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The court shall conduct a hearing to determine whether the conditions of the suspension of prosecution should be modified or the suspension terminated, if the [Office of Adult Probation] Court Support Services Division, after receipt of a report from the director of the treatment program, notifies the clerk of the court that a person treated pursuant to section 17a-696, as amended by this act, (1) has committed a violent act against another person at the treatment program facility or a violent act that damages property at the treatment program facility, (2) has threatened to commit such a violent act, (3) has committed a serious violation of rules of the treatment program, (4) has repeatedly committed violations of program rules that inhibit the person's ability to function in the program, (5) has continually refused to participate in the program, (6) has asked to be removed from the program, or (7) is unable to participate in the treatment program because of a medical or psychosocial condition which is not appropriately treated by the program operated by the facility. The director of the treatment program shall have the burden of establishing facts to support his report. If the court terminates the suspension, the state's attorney may proceed with prosecution of the crime.

(b) If a person being treated has not complied with conditions set pursuant to subsection (c) of section 17a-696, as amended by this act, the [Office of Adult Probation] Court Support Services Division shall notify the clerk of the court. The court may terminate the suspension of prosecution and the state's attorney may proceed with prosecution of the crime if the court, after a hearing, finds the person has not complied with such conditions.

(c) A person who has not completed treatment may not be discharged sooner than four days after the [Office of Adult Probation] Court Support Services Division is notified of the proposed discharge, except that if immediate discharge from treatment is necessary to protect the health or safety of persons in the program or staff of the program, the person may be discharged less than four days after notification with the agreement of the [Office of Adult Probation] Court Support Services Division.

Sec. 8. Subsection (c) of section 17a-699 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) The court may, after imposing sentence, (1) suspend execution of a sentence of imprisonment, either entirely or after a period set by the court, (2) impose a period of probation as provided in this section and subsections (b) and (c) of section 53a-28, and (3) as a condition of probation, order the [Office of Adult Probation] Court Support Services Division to place the person in an appropriate treatment program for alcohol or drug dependency. The court may require that a probation officer have at least one contact per week with the treatment program in which the person is participating and at least one contact per week with the person when such person is not participating in an inpatient program. Placement in a treatment program shall be no earlier than the date that space is available in a treatment program as reported by the clinical examiner under section 17a-694, as amended by this act.

Sec. 9. Section 17a-700 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The director of the treatment program shall submit a report to the [Office of Adult Probation] Court Support Services Division whenever a person treated pursuant to section 17a-699, as amended by this act, has completed the treatment program. Such report shall recommend whether the person should receive further treatment for alcohol or drug dependency.

(b) The [Office of Adult Probation] Court Support Services Division shall notify the clerk of the court when a person (1) has completed the treatment program, (2) has complied with all the conditions set under section 17a-699, as amended by this act, and (3) if alcohol dependent, has abstained from the use of alcohol for two consecutive years, or, if drug dependent, has abstained from the unlawful use of drugs for two consecutive years. Upon receipt of such notification, the clerk shall set a hearing. The [Office of Adult Probation] Court Support Services Division may advise the court of any recommendation it may make, including if it recommends a modification of sentence or terms of probation or a termination of probation and release of the person. After a hearing, the court may modify the sentence or terms of probation or terminate the probation and release the person.

Sec. 10. Section 17a-701 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The court shall conduct a hearing to determine if the sentence or terms of probation should be modified if the [Office of Adult Probation] Court Support Services Division, after a report from the director of the treatment program, notifies the clerk of the court that a person being treated pursuant to section 17a-699, as amended by this act, (1) has committed a violent act against another person at the treatment program facility or a violent act that damages property at the treatment program facility, (2) has threatened to commit such a violent act, (3) has committed a serious violation of rules of the treatment program, (4) has repeatedly committed violations of program rules that inhibit the person's ability to function in the program, (5) has continually refused to participate in the program, (6) has asked to be removed from the program, or (7) is unable to participate in the treatment program because of a medical or psychosocial condition that is not appropriately treated by the program operated by the facility. The director of the treatment program has the burden of establishing facts to support his report to the [Office of Adult Probation] Court Support Services Division.

(b) A person who has not completed treatment may not be discharged sooner than four days after the [Office of Adult Probation] Court Support Services Division is notified of the proposed discharge, except that if immediate discharge from treatment is necessary to protect the health or safety of persons in the program or staff of the program, the person may be discharged less than four days after notification with the agreement of the [Office of Adult Probation] Court Support Services Division.

Sec. 11. Section 18-87j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

There is established a Commission on Prison and Jail Overcrowding which shall be within the Office of Policy and Management for administrative purposes only. [Said] The commission shall consist of the Chief Court Administrator or his designee, the Commissioner of Correction, the Commissioner of Public Safety, the Chief State's Attorney or his designee, the Chief Public Defender or his designee, [and the Chief Bail Commissioner] the executive director of the Court Support Services Division or other designee of the Chief Court Administrator and [the Governor shall appoint] the following members, each of whom shall be appointed by the Governor: Three government officials, a police chief, two persons representing offender and victim services within the private community and two public members. The Governor shall appoint a chairperson from among the members of the commission. The commission shall meet at such times as it deems necessary.

Sec. 12. Subsection (h) of section 29-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(h) If the court finds that a violation of this section is not of a serious nature and that the person charged with such violation (1) will probably not offend in the future, (2) has not previously been convicted of a violation of this section, and (3) has not previously had a prosecution under this section suspended pursuant to this subsection, it may order suspension of prosecution. The court shall not order suspension of prosecution unless the accused person has acknowledged that he understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of his right to a speedy trial. Such person shall appear in court and shall be released to the custody of the [Office of Adult Probation] Court Support Services Division for such period, not exceeding two years, and under such conditions as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person 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 person 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] Court Support Services Division that the person satisfactorily completed his period of probation, may on its own motion make a finding of such satisfactory completion and 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 person who has completed his period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

Sec. 13. Subsection (b) of section 46b-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) The [Family Relations Division of the Superior Court] Court Support Services Division, in accordance with the agreement between the Chief State's Attorney and the Judicial Department, shall establish within each geographical area of the Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15, as amended, 46b-38a to 46b-38f, inclusive, and 54-1g. The [Family Relations] Court Support Services Division shall oversee direct operations of the local units.

Sec. 14. Subsection (i) of section 46b-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(i) The Judicial Department shall establish an ongoing training program for judges, [Family] Court Support Services Division personnel [, bail commissioners] and clerks to inform them about the policies and procedures of sections 46b-1, 46b-15, as amended, 46b-38a to 46b-38f, inclusive, and 54-1g, including, but not limited to, the function of the family violence intervention units and the use of restraining and protective orders.

Sec. 15. Section 46b-38f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Family] Court Support Services Division shall maintain a statistical summary of all family violence cases referred to the family violence intervention units. Such summary shall include, but not be limited to, the number of family violence cases referred, the nature of the cases and the charges and dispositions.

(b) The statistical summary reports prepared by the [Family] Court Support Services Division shall be submitted to the Department of Public Safety on a monthly basis. The Department of Public Safety shall compile and report annually for a period of five years to the Governor and the General Assembly the tabulated data of family violence crime reports.

Sec. 16. Section 46b-69b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Family Division of the] Judicial Department shall establish a parenting education program for parties involved in any action before the Superior Court under section 46b-1, except actions brought under section 46b-15, as amended, and chapter 815t. For the purposes of this section, [a] "parenting education program" means a course designed by the Judicial Department to educate persons, including unmarried parents, on the impact on children of the restructuring of families. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children and cooperative parenting.

(b) The court shall order any party to an action specified in subsection (a) of this section to participate in such program whenever a minor child is involved in such action unless (1) the parties agree, subject to the approval of the court, not to participate in such program, (2) the court, on motion, determines that participation is not deemed necessary, or (3) the parties select and participate in a comparable parenting education program. A family support magistrate may order parties involved in any action before the Family Support Magistrate Division to participate in such parenting education program, upon a finding that such participation is necessary and provided both parties are present when such order is issued. No party shall be required to participate in such program more than once. A party shall be deemed to have satisfactorily completed such program upon certification by the service provider of the program.

(c) The [Family Division] Judicial Department shall, by contract with service providers, make available the parenting education program and shall certify to the court the results of each party's participation in the program.

(d) Any person who is ordered to participate in a parenting education program shall pay directly to the service provider a participation fee, except that no person may be excluded from such program for inability to pay such fee. Any contract entered into between the [Family Division] Judicial Department and the service provider pursuant to subsection (c) of this section shall include a fee schedule and provisions requiring service providers to allow persons who are indigent or unable to pay to participate in such program and shall provide that all costs of such program shall be covered by the revenue generated from participants' fees. The total cost for such program shall not exceed two hundred dollars per person. Such amount shall be indexed annually to reflect the rate of inflation. The program shall not exceed a total of ten hours.

(e) Any service provider under contract with the [Family Division] Judicial Department pursuant to this section shall provide safety and security for participants in the program, including victims of family violence.

Sec. 17. Section 46b-69c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) There is established an advisory committee to (1) make recommendations to the Judicial Department on the development of, and annually thereafter on modifications to, the curriculum for the parenting education program established pursuant to subsection (a) of section 46b-69b, as amended by this act, and (2) advise on other matters involving the service providers, including the qualifications and selection of such providers.

(b) The advisory committee shall consist of not more than ten members to be appointed by the Chief Justice of the Supreme Court and shall include members who represent the [commission on children] Commission on Children, the family law section of the Connecticut Bar Association, educators specializing in children studies, agencies representing victims of family violence, service providers and the Judicial Department. The members shall serve for terms of two years and may be reappointed for succeeding terms. The members shall elect a chairperson from among their number and shall receive no compensation for their services.

(c) The [Family Division] Court Support Services Division of the Judicial Department shall provide staff services to the advisory committee.

Sec. 18. Section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows: (1) "Child" means any person under sixteen years of age and, for purposes of delinquency matters, "child" means any person (A) under sixteen years of age, or [,] (B) sixteen years of age or older who, prior to attaining sixteen years of age, has violated any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, and, subsequent to attaining sixteen years of age, violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to such delinquency proceeding; (2) "youth" means any person sixteen to eighteen years of age; (3) "youth in crisis" means any person sixteen to seventeen years of age who, within the last two years, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, [; ] (B) is beyond the control of parents, guardian or other custodian, [; ] or (C) has four unexcused absences from school in any one month or ten unexcused absences in any school year; (4) "abused" means that a child or youth (A) has been inflicted with physical injury or injuries other than by accidental means, or (B) has injuries which are at variance with the history given of them, or (C) is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment; (5) a child may be found "mentally deficient" who, by reason of a deficiency of intelligence, which has existed from birth or from early age, requires, or will require, for his protection or for the protection of others, special care, supervision and control; (6) a child may be convicted as "delinquent" who has violated (A) any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, (B) any order of the Superior Court, or (C) conditions of probation as ordered by the court; (7) a child or youth may be found "dependent" whose home is a suitable one for the child or youth, save for the financial inability of parents, parent, guardian or other person maintaining such home, to provide the specialized care the condition of the child or youth requires; (8) [a] "family with service needs" means a family which includes a child who (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, [; ] (B) is beyond the control of parent, parents, guardian or other custodian, [; ] (C) has engaged in indecent or immoral conduct, [; ] (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, [; ] or (E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child; (9) a child or youth may be found "neglected" who (A) has been abandoned, or (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or (D) has been abused; (10) a child or youth may be found "uncared for" who is homeless or whose home cannot provide the specialized care which the physical, emotional or mental condition of the child requires. For the purposes of this section, the treatment of any child by an accredited Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment; (11) "delinquent act" means the violation of any federal or state law or municipal or local ordinance, other than an ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court; (12) "serious juvenile offense" means (A) the violation by a child, including attempt or conspiracy to violate sections 21a-277, 21a-278, as amended, 29-33, as amended by this act, 29-34, 29-35, as amended, 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-101, 53a-102a, 53a-103a, 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, 53a-134, 53a-135, 53a-136a, 53a-166, 53a-167c, as amended, subsection (a) of section 53a-174, 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, as amended, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the [Office of Alternative Sanctions] Court Support Services Division or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense; (13) "serious juvenile offender" means any child convicted as delinquent for commission of a serious juvenile offense; (14) "serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been convicted delinquent at any age for two violations of any provision of title 21a, 29, 53 or 53a which is designated as a felony; (15) "alcohol-dependent child" means any child who has a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders"; and (16) "drug-dependent child" means any child who has a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". No child 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.

Sec. 19. Subsection (a) of section 46b-121j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Office of Alternative Sanctions] Court Support Services Division shall design and make available to the Judicial Department programs and probation treatment services for juvenile offenders. The programs and treatment services shall be based upon the individual or family assessment and evaluation process and case management plan.

Sec. 20. Section 46b-121k of the general statutes, as amended by section 3 of public act 01-181, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Office of Alternative Sanctions] Court Support Services Division shall be charged with the duty of developing constructive programs for the prevention and reduction of delinquency and crime among juvenile offenders. To that end, the executive director of the Court Support Services Division shall cooperate with other agencies to encourage the establishment of new programs and to provide a continuum of services for juvenile offenders who do not require secure placement. The programs shall be tailored to the type of juvenile including the juvenile's offense history, age, gender, mental health and chemical dependency problem, and other characteristics. The [Office of Alternative Sanctions] Court Support Services Division shall develop programs that provide: (1) Intensive general educational programs, with an individual educational plan for each juvenile; (2) specific educational components in the management of anger and nonviolent conflict resolution; (3) treatment for chemical dependency; (4) mental health screening, assessment and treatment; and (5) sexual offender treatment.

(b) The [Office of Alternative Sanctions] Judicial Department may contract to establish regional secure residential facilities and regional highly supervised residential and nonresidential facilities for juveniles referred by the court. Such facilities shall operate within contracted-for capacity limits. Such facilities shall be exempt from the licensing requirements of section 17a-145.

(c) The [Office of Alternative Sanctions] Court Support Services Division shall collaborate with private residential facilities providing residential programs and with community-based nonresidential postrelease programs.

(d) Any program developed by the [Office of Alternative Sanctions] Court Support Services Division that is designed to prevent or reduce delinquency and crime among juvenile offenders shall be gender specific, as necessary, and shall comprehensively address the unique needs of a targeted gender group.

Sec. 21. Section 46b-121l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Office of Alternative Sanctions] Court Support Services Division shall fund projects for a program of early intervention initiatives designed for juvenile offenders. The projects may include, but not be limited to, the following initiatives:

(1) A peer tutoring project designed for juvenile offenders required to perform community services;

(2) Specialized residential services for juvenile offenders on probation who have been expelled from school;

(3) Social services and counseling for female juvenile offenders;

(4) Training in cognitive skill building;

(5) A self-supporting entrepreneurship program; and

(6) A mentoring program designed to match juveniles with positive adult role models.

(b) The primary purpose of these projects shall be to provide a network of community services for juvenile offenders. The [Office of Alternative Sanctions] Court Support Services Division shall develop evaluation protocols designed to assess the impact of components of these projects on deterring juvenile crime in the communities where the projects operate. [The Office of Alternative Sanctions shall report to the General Assembly not later than January 1, 1998, on the effectiveness of the program initiatives. ]

Sec. 22. Subsection (c) of section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) [judicial branch] Judicial Department employees who, in the performance of their duties, require access to such records, and (2) employees and authorized agents of state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, or (C) the design and delivery of treatment programs pursuant to section 46b-121j, as amended by this act. Such employees and authorized agents include, but are not limited to, law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters, officials of the Division of Criminal Justice, the Division of Public Defender Services, the Department of Children and Families, the [Office of Adult Probation, the Office of the Bail Commissioner] Court Support Services Division, the Board of Parole and agencies under contract with the [Office of Alternative Sanctions] Judicial Department, and an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the child. Such records shall also be available to (i) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (ii) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (iii) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator and provided the subject has reached the age of majority, (iv) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, and (v) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys. Such records disclosed pursuant to this subsection shall not be further disclosed, except that information contained in such records may be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of such information.

Sec. 23. Subsection (c) of section 46b-140 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) The court may order, as a condition of probation, that the child (1) reside with a parent, relative or guardian or in a suitable foster home or other residence approved by the court, (2) attend school and class on a regular basis and comply with school policies on student conduct and discipline, (3) refrain from violating any federal or state law or municipal or local ordinance, (4) undergo any medical or psychiatric evaluation or treatment deemed necessary by the court, (5) submit to random drug or alcohol testing, or both, (6) participate in a program of alcohol or drug treatment, or both, (7) make restitution to the victim of the offense in accordance with subsection (d) of this section, (8) participate in an alternative incarceration program or other program established through the [Office of Alternative Sanctions] Court Support Services Division, (9) participate in a program of community service, and (10) satisfy any other conditions deemed appropriate by the court. The court shall cause a copy of any such order to be delivered to the child, the child's parents or guardian and the child's probation officer.

Sec. 24. Subsection (a) of section 46b-141a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Whenever a child is convicted as delinquent, the court, in lieu of committing such child to the Department of Children and Families or to a juvenile detention center, may, in its discretion, order an assessment for placement in an alternative incarceration program to be conducted by the [juvenile probation unit of the Superior Court] Court Support Services Division. If the [juvenile probation unit of the Superior Court] Court Support Services Division recommends placement in an alternative incarceration program, it shall also submit to the court a proposed alternative incarceration plan. Upon completion of the assessment, the court shall determine whether such child shall be ordered to participate in such program as an alternative to commitment. If the court determines that the child shall participate in such program, the court shall suspend any commitment to the Department of Children and Families or to a juvenile detention center and shall make participation in the alternative incarceration program a condition of probation.

Sec. 25. Section 46b-141b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) When a juvenile is referred to [juvenile probation] the Court Support Services Division, the [juvenile probation unit] division shall conduct an intake risk assessment and make a case classification evaluation. If the [juvenile probation unit] Court Support Services Division deems it appropriate, the proposed probation plan may be submitted to a professional evaluation team. Such team shall be composed of a juvenile probation officer, a representative of the [Office of Alternative Sanctions] Court Support Services Division who is familiar with the alternative incarceration programs operated by the division or a representative from a contracted agency, and, where applicable, a school employee and any other interested parties in the discretion of the court. The evaluation team shall develop a probation treatment plan for each juvenile within fifteen days of the date of the referral of the case to the professional evaluation team, unless the court orders otherwise. The probation treatment plan shall include the following components: (1) Type of residential or nonresidential placement; (2) projected length of placement for the juvenile and the projected cost; and (3) type of services needed by the juvenile and the projected cost.

(b) The probation treatment plan shall be submitted to the court for consideration and approval prior to the court's final entry of a probation treatment order. In addition to any probation order, the court may order a medical and psychiatric or psychological examination of the juvenile. The court may assess the cost of the examination to the family based on its ability to pay.

(c) In ordering implementation of a probation treatment plan, the court may reasonably designate from the programs and services under contract with the [Office of Alternative Sanctions] Judicial Department the scope and extent of the services to be provided by the [Office of Alternative Sanctions] Court Support Services Division and the juvenile probation unit.

(d) The [Office of Alternative Sanctions] Court Support Services Division shall proceed to implement the probation treatment plan immediately upon its approval by the court.

Sec. 26. Section 46b-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

When a child whose family has been adjudicated as a family with service needs in accordance with section 46b-149 violates any valid order which regulates future conduct of the child made by the court following such an adjudication, a probation officer, on receipt of a complaint setting forth facts alleging such a violation, or on his own motion on the basis of his knowledge of such a violation, may file a petition with the court alleging that the child has committed a delinquent act by reason of having violated a valid court order and setting forth the facts claimed to constitute such a violation. Such child may be processed as any other delinquent child under this chapter, except that (1) such child shall not be held in detention prior to a hearing on such petition for more than seventy-two hours excluding Saturdays, Sundays and holidays; and (2) in entering any order that directs or authorizes placement in a facility under the auspices of the [Office of Alternative Sanctions] Court Support Services Division or commitment to the Department of Children and Families, the judge shall make a determination that there is no less restrictive alternative appropriate to the needs of the child and the community.

Sec. 27. Subsection (c) of section 46b-149d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) For those communities who have been awarded a grant pursuant to subsection (b) of this section, and established community truancy prevention initiatives, the Chief Court Administrator may establish a truancy or family with service needs docket and the [Office of Alternative Sanctions] Court Support Services Division shall, within available appropriations, make available to such communities the following: (1) A risk and needs assessment tool; and (2) funding for nonjudicial diversion of appropriate truancy cases to youth service bureaus and juvenile review boards. For court sanctioned intervention programs, the [Office of Alternative Sanctions] Court Support Services Division shall: (A) Provide parenting education programs; (B) expand existing programs to serve truancy cases; (C) provide intensive outreach and monitoring, including intensive probation services for chronic truancy cases; (D) provide for mental health assessment and outpatient mental health and substance abuse services; and (E) provide for short-term emergency residential placement for children with multiple referrals to the juvenile court for truancy, being beyond control and for being runaways.

Sec. 28. Subsection (d) of section 53-304 of the general statutes, as amended by section 27 of public act 01-91, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(d) Family relations [caseworkers of the Family Division] counselors and support enforcement officers [of Support Enforcement Services] employed by the Judicial Department may administer oaths in all affidavits, statements, complaints and reports made to or by such family relations [caseworkers] counselors and support enforcement officers [of the Superior Court] in the performance of their duties.

Sec. 29. Subdivision (9) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(9) "Peace officer" means a member of the Division of State Police within the Department of Public Safety or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, [appointed under section 54-104,] an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer or any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code.

Sec. 30. Subsection (c) of section 53a-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) When the court imposes a sentence of conditional discharge the defendant shall be released with respect to the conviction for which the sentence is imposed but shall be subject, during the period of such conditional discharge, to such conditions as the court may determine. The court shall impose the period of conditional discharge authorized by subsection (d) of this section and shall specify, in accordance with section 53a-30, as amended by this act, the conditions to be complied with. When a person is sentenced to a period of probation the court shall impose the period authorized by subsection (d) of this section and may impose any conditions authorized by [said] section 53a-30, as amended by this act. When a person is sentenced to a period of probation, he shall pay to the court a fee of two hundred dollars and shall be placed under the supervision of the [Office of Adult Probation] Court Support Services Division.

Sec. 31. Subsection (b) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) When a defendant has been sentenced to a period of probation, the [Office of Adult Probation] Court Support Services Division may require that the defendant comply with any or all conditions which the court could have imposed under subsection (a) of this section which are not inconsistent with any condition actually imposed by the court.

Sec. 32. Subsection (b) of section 53a-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) Issuance of a warrant or notice to appear for violation pursuant to section 53a-32, shall interrupt the period of the sentence as of the date of such issuance until a final determination as to the violation has been made by the court. During the interrupted period, the court may impose any of the conditions of release set forth in section 54-64a, as amended. In the absence of a warrant or notice to appear for violation pursuant to section 53a-32, if the defendant has failed to comply with any of the conditions of probation or conditional discharge, such failure shall not relieve the [Office of Adult Probation] Court Support Services Division from the responsibility of supervising the defendant.

Sec. 33. Section 53a-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, as amended, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any other offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, after trial or by a plea of guilty without trial, and a term of imprisonment is part of a stated plea agreement or the statutory penalty provides for a term of imprisonment, the court may, in its discretion, order an assessment for placement in an alternate incarceration program [to be conducted by the Office of Adult Probation] under contract with the Judicial Department. If the [Office of Adult Probation] Court Support Services Division recommends placement in an alternate incarceration program, it shall also submit to the court a proposed alternate incarceration plan. Upon completion of the assessment, the court shall determine whether such defendant shall be ordered to participate in such program as an alternative to incarceration. If the court determines that the defendant shall participate in such program, the court shall suspend any sentence of imprisonment and shall make participation in the alternate incarceration program a condition of probation as provided in section 53a-30, as amended by this act.

(b) An alternate incarceration program includes, but shall not be limited to, an intensive probation program, any community service program approved by the Chief Court Administrator and any residential or nonresidential program approved by the Chief Court Administrator which provides care, supervision and supportive services such as employment, psychiatric and psychological evaluation and counseling, and drug and alcohol dependency treatment. Any defendant placed in an alternate incarceration program shall comply with any other conditions of probation ordered by the court or required by the [Office of Adult Probation] Court Support Services Division, as provided in subsections (a) and (b) of section 53a-30, as amended by this act.

Sec. 34. Subsections (d) to (f), inclusive, of section 54-56e of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(d) Except as provided in subsection (e) of this section, 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 the 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] Court Support Services Division, except that, if a criminal docket for drug-dependent persons has been established pursuant to section 51-181b in the judicial district, such defendant may be transferred, under such conditions as the court shall order, to the court handling such docket for supervision by such court. If the defendant refuses to accept, or, having accepted, violates such conditions, the defendant's case shall be brought to trial. The period of such probation or supervision, or both, shall not exceed two years. The court may order that as a condition of such probation the defendant participate in the zero-tolerance drug supervision program established pursuant to section 53a-39d. If the defendant has reached the age of sixteen years but has not reached 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. When determining any conditions of probation to order for a person entering such program who was charged with a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or a motor vehicle violation, the court shall consider ordering the person to perform community service in the community in which the offense or violation occurred. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section. If the defendant is charged with a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of such probation the defendant participate in a hate crimes diversion program as provided in subsection (e) of this section.

(e) If the court orders the defendant to participate in a hate crimes diversion program as a condition of probation, the defendant shall pay to the court a participation fee of four hundred twenty-five dollars. 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 [Office of Adult Probation] Court Support Services Division, and (3) the court enters a finding thereof. The [Office of Adult Probation] Judicial Department shall contract with service providers, develop standards and oversee appropriate hate crimes diversion programs to meet the requirements of this section. Any defendant whose employment or residence makes it unreasonable to attend a hate crimes diversion program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application and program fees as provided in this section. The hate crimes diversion program shall consist of an educational program and supervised community service.

(f) If a defendant released to the custody of the [Office of Adult Probation] Court Support Services Division satisfactorily completes such defendant's period of probation, such defendant may apply for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing such defendant's period of probation, the court, upon receipt of a report submitted by the [Office of Adult Probation] Court Support Services Division that the defendant satisfactorily completed such defendant's 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 such defendant's period of supervision, the court shall release the defendant to the custody of the [Office of Adult Probation] Court Support Services Division 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 such defendant's 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. 35. Subsections (b) and (c) of section 54-56g of the general statutes, as amended by section 2 of public act 01-201 and section 9 of public act 01-8 of the June special session, are repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) 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] Court Support Services Division for assessment and confirmation of the eligibility of the applicant. The [Bail Commission] Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon confirmation of eligibility, the defendant shall be referred to the Department of Mental Health and Addiction Services by the [Bail Commission] Court Support Services Division for evaluation and placement in an appropriate alcohol program for one year. Any person who enters the system shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person's right to a speedy trial, (3) to participate in at least ten counseling sessions in an alcohol program pursuant to this section or, if such person was charged with a violation of subdivision (2) of subsection (a) of section 14-227a, where the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, to participate in at least fifteen counseling sessions in an alcohol program pursuant to this section, and complete the assigned program, (4) to accept placement in a treatment program upon recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (d) of this section or placement in a treatment program which has standards substantially similar to, or higher than, a program of a provider under contract with the Department of Mental Health and Addiction Services if the [Bail Commission] Court Support Services Division deems it appropriate, and (5) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator's license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in such program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed. If the [Bail Commission] Court Support Services Division informs the court that the defendant is ineligible for the system and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of the defendant's participation in such program submitted by the [Bail Commission] Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant's participation in such program submitted by the [Bail Commission] Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the [Bail Commission] Court Support Services Division for a period of seven years from the date of application. The [Bail Commission] Court Support Services Division shall transmit to the Department of Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a period of seven years the record of a person's participation in such program as part of such person's driving record.

(c) At the time the court grants the application for participation in the pretrial alcohol education system, such person shall also pay to the court a nonrefundable program fee of four hundred twenty-five dollars or, if such person was charged with a violation of subdivision (2) of subsection (a) of section 14-227a, where the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, 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 is confirmed by the [Bail Commission] Court Support Services Division, and (3) the court enters a finding thereof. 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 alcohol education system or fails to complete the assigned program, the program fee shall not be refunded. All such program fees shall be credited to the pretrial account.

Sec. 36. Section 54-56i of the general statutes, as amended by section 10 of public act 01-8 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Not later than January 1, 1998, but in no event sooner than the establishment of the pilot research drug education program under section 17a-715, 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 21a-279.

(b) Upon application by any such person for participation in such program, the court shall, but only as to the public, order the court file sealed 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 such person has never had such program invoked in such person's behalf. A person shall be ineligible for participation in such pretrial drug education program if such person has previously participated in the drug education program established under this section or the pretrial community service labor program established under section 53a-39c.

(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] Court Support Services Division 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] Court Support Services Division 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 such person's right to a speedy trial; (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; and (4) to accept placement in a treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services or placement in a treatment program that has standards substantially similar to, or higher than, a program of a provider under contract with the Department of Mental Health and Addiction Services if the [Bail Commission] Court Support Services Division deems it appropriate. 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 for a period of four days.

(e) If the [Bail Commission] Court Support Services Division 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 court file 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, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program submitted by the [Bail Commission] Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If such person does not apply for dismissal of the charges against such person after satisfactorily completing the assigned program, the court, upon receipt of the record of such person's participation in such program submitted by the [Bail Commission] Court Support Services Division, 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] Court Support Services Division 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 three hundred fifty 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] Court Support Services Division, 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 three-hundred-fifty-dollar program fee shall not be refunded. All such program fees shall be credited to the pretrial account.

(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, to establish standards for such drug education programs.

(i) Any person whose employment or residence or schooling makes it unreasonable to attend a drug program in this state may attend a program in another state that has standards similar to, or higher than, those of this state, subject to the approval of the court and payment of the program fee as provided in this section.

Sec. 37. Section 54-56m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) There shall be established, in the geographical area of the Superior Court for the towns of Berlin, New Britain, Newington, Rocky Hill and Wethersfield, the geographical area of the Superior Court for the towns of Bethlehem, Middlebury, Naugatuck, Prospect, Southbury, Watertown, Wolcott, Woodbury and Waterbury, and such other geographical areas of the Superior Court as the Chief Court Administrator may designate, programs of mediation wherein the court may refer a criminal prosecution to mediation for resolution. For the purposes of this section, "mediation" means the process where two or more persons to a dispute agree to meet with an impartial third party to work toward a resolution of the dispute which is satisfactory to all parties in accordance with principles of mediation commonly used in labor management disputes.

(b) If mediation is successful, the prosecuting authority, upon recommendation of the family relations counselor or mediation officer, shall enter a nolle prosequi and the prosecution shall be terminated and the defendant released from custody.

(c) If mediation is unsuccessful or the defendant fails to comply with the terms of any mediation agreement, the family relations counselor or mediation officer shall notify the prosecuting authority and prosecution of the defendant may be initiated.

(d) There shall be established, in [the Family Division of the Superior Court in] the two geographical areas of the Superior Court enumerated in subsection (a) of this section and in [each geographical area of the Superior Court designated by the Chief Court Administrator, a unit] such other geographical areas of the Superior Court as the Chief Court Administrator may designate, units to provide mediation services in cases referred by the court to mediation. In addition, mediation services in cases referred by the court to mediation may also be provided by private agencies under contract with the Judicial Department.

Sec. 38. Section 54-63a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

As used in sections 54-63a to 54-63g, inclusive, and section 54-64a, "arrested person" means a person taken into custody for violation of any law, ordinance, regulation or bylaw of the state or of any town, city, borough, district or municipal corporation or authority, [; "Bail Commission" means the commission created in section 54-63b] and "Court Support Services Division" means the division of the Judicial Department established pursuant to section 51-1d.

Sec. 39. Section 54-63b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) There shall be, within the Judicial Department, the Office of the Bail Commission, the duties of which shall be] (a) The duties of the Court Support Services Division shall include: (1) To promptly interview, prior to arraignment, any person referred by the police pursuant to section 54-63c or by a judge. Such interview shall include, but not be limited to, information concerning the accused person, his or her family, community ties, prior criminal record and physical and mental condition; (2) to seek independent verification of information obtained during the interview, if practicable; (3) to determine, as provided in section 54-63d, as amended by this act, or to make recommendations on request of any judge, concerning the terms and conditions of the release of arrested persons from custody pending final disposition of their cases; (4) to prepare a written report on all persons interviewed and, upon request and pursuant to the procedures established under subsection (f) of section 54-63d, as amended by this act, provide copies of the report to the court, defense counsel and state's attorney. Such report shall contain the information obtained during the interview and verification process, the person's prior criminal record, where possible, and the determination or recommendation of the commissioner pursuant to section 54-63d, as amended by this act, concerning the terms and conditions of the release of the persons so interviewed; (5) to give prior notice of each required court appearance to each person released following an interview by [the Bail Commission] a bail commissioner; (6) to supervise pursuant to the direction of the court those persons released on nonfinancial conditions; (7) to inform the court and the state's attorney of any failure to comply with terms and conditions of release, including the arrest of persons released under its supervision; (8) to monitor, evaluate and provide information concerning terms and conditions of release and the release criteria established under subdivision (2) of subsection (c) of this section, to prepare periodic reports on its activities, and to provide such other information as is needed to assist in the improvement of the pretrial release process; (9) to perform such other functions as the Chief Court Administrator may, from time to time, assign.

[(b) The judges of the Superior Court or an authorized committee thereof shall appoint, for such term and at such compensation as said judges may establish, a Chief Bail Commissioner and an Assistant Chief Bail Commissioner.

(c) The full-time duties of the Chief Bail Commissioner shall be: (1) To supervise and direct the operation of the Office of the Bail Commission; (2) to establish written uniform, weighted release criteria based upon the premise that the least restrictive condition or conditions of release necessary to insure the appearance in court of the defendant is the pretrial release alternative of choice. Such criteria shall be based on, but not be limited to, the following considerations: (A) The nature and circumstances of the offense insofar as they are relevant to the risk of nonappearance, (B) the defendant's record of previous convictions, (C) the defendant's past record of appearance in court after being admitted to bail, (D) the defendant's family ties, (E) the defendant's employment record, (F) the defendant's financial resources, character and mental condition, and (G) the defendant's community ties; (3) to establish data collection procedures which will carry out the responsibilities and duties established under subdivision (8) of subsection (a) of this section; (4) to develop procedures which will insure that Bail Commission staff are available to make release decisions at all times as required by this section; (5) to submit to the Chief Court Administrator or his designee, between May first and June first of each year, a report of the activities of the commission, for the twelve months preceding such May first, which shall include an evaluation of the agency in implementing the purposes of sections 54-63a to 54-63g, inclusive. Such report shall be a public record.

(d) The judges of the Superior Court or an authorized committee thereof shall also appoint such bail commissioners, assistant bail commissioners and other personnel as are necessary. All bail commissioners, assistant bail commissioners and other personnel shall meet qualifications to be set by the judges of the Supreme Court. Bail commissioners, assistant bail commissioners and other personnel appointed prior to July 1, 1981, shall have until January 1, 1986, to meet such qualifications. ]

(b) The Court Support Services Division shall establish written uniform weighted release criteria based upon the premise that the least restrictive condition or conditions of release necessary to insure the appearance in court of the defendant is the pretrial release alternative of choice. Such criteria shall be based on, but not be limited to, the following considerations: (1) The nature and circumstances of the offense insofar as they are relevant to the risk of nonappearance; (2) the defendant's record of previous convictions; (3) the defendant's past record of appearance in court after being admitted to bail; (4) the defendant's family ties; (5) the defendant's employment record; (6) the defendant's financial resources, character and mental condition; and (7) the defendant's community ties.

Sec. 40. Section 54-63d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Upon notification by a police officer pursuant to section 54-63c that an arrested person has not posted bail, a bail commissioner shall promptly conduct an interview and investigation as specified in subdivisions (1) and (2) of subsection (a) of section 54-63b, as amended by this act, and, based upon the criteria established pursuant to [subdivision (2) of subsection (c)] subsection (b) of section 54-63b, as amended by this act, and except as provided in subsection (b) of this section, the bail commissioner shall promptly order release of such person on the first of the following conditions of release found sufficient to provide reasonable assurance of the person's appearance in court: (1) Upon the execution of a written promise to appear without special conditions; (2) upon the execution of a written promise to appear with any of the nonfinancial conditions as specified in subsection [(b)] (c) of this section; (3) upon the execution of a bond without surety in no greater amount than necessary; or (4) upon the execution of a bond with surety in no greater amount than necessary. If the person is unable to meet the conditions of release ordered by the bail commissioner, the bail commissioner shall so inform the court in a report prepared pursuant to subdivision (4) of subsection (a) of section 54-63b, as amended by this act.

(b) No person shall be released upon the execution of a written promise to appear or the execution of a bond without surety if the person is charged with the commission of a family violence crime, as defined in section 46b-38a, and in the commission of such crime the person used or threatened the use of a firearm.

(c) In addition to or in conjunction with any of the conditions enumerated in subdivisions (1) to (4), inclusive, of subsection (a) of this section, the bail commissioner may impose nonfinancial conditions of release, which may require that the arrested person do any of the following: (1) Remain under the supervision of a designated person or organization; (2) comply with specified restrictions on the person's travel, association or place of abode; (3) not engage in specified activities, including the use or possession of a dangerous weapon, an intoxicant or controlled substance; (4) participate in the zero-tolerance drug supervision program established under section 53a-39d; (5) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; or (6) satisfy any other condition that is reasonably necessary to assure the appearance of the person in court. Any of the conditions imposed under subsection (a) of this section and this subsection by the bail commissioner shall be effective until the appearance of such person in court.

(d) The police department shall promptly comply with the order of release of the bail commissioner, except that if the department objects to the order or any of its conditions, the department shall promptly so advise a state's attorney or assistant state's attorney, the bail commissioner and the arrested person. The state's attorney or assistant state's attorney may authorize the police department to delay release, until a hearing can be had before the court then sitting for the geographical area which includes the municipality in which the arrested person is being detained or, if the court is not then sitting, until the next sitting of said court. When cash bail in excess of ten thousand dollars is received for a detained person accused of a felony, where the underlying facts and circumstances of the felony involve the use, attempted use or threatened use of physical force against another person, the police department shall prepare a report that contains (1) the name, address and taxpayer identification number of the accused person, (2) the name, address and taxpayer identification number of each person offering the cash bail, other than a person licensed as a professional bondsman under chapter 533 or a surety bail bond agent under chapter 700f, (3) the amount of cash received, and (4) the date the cash was received. Not later than fifteen days after receipt of such cash bail, the police department shall file the report with the Department of Revenue Services and mail a copy of the report to the state's attorney for the judicial district in which the alleged offense was committed and to each person offering the cash bail.

(e) Except as provided in subsections (f) and (g) of this section, all information provided to the [Office of the Bail Commission] Court Support Services Division shall be for the sole purpose of determining and recommending the conditions of release, and shall otherwise be confidential and retained in the files of the [Office of the Bail Commission] Court Support Services Division, and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(f) The [Chief Bail Commissioner] Court Support Services Division shall establish written procedures for the release of information contained in reports and files of the [Office of the Bail Commission] Court Support Services Division, such procedures to be approved by the executive committee of the judges of the Superior Court. Such procedures shall allow access to (1) nonidentifying information by qualified persons for purposes of research related to the administration of criminal justice; (2) all information provided to the [Office of the Bail Commission] Court Support Services Division by probation officers for the purposes of compiling presentence reports; and (3) all information provided to the [Office of the Bail Commission] Court Support Services Division concerning any person convicted of a crime and held in custody by the Department of Correction.

(g) Any files and reports held by the [Office of the Bail Commission] Court Support Services Division may be [disclosed to (1) the Office of Adult Probation for the purposes of conducting investigations required under sections 54-76d and 54-91a and of supervising persons placed on probation, (2) the Family Division of the Superior Court for the purpose of preparing written or oral reports required under subsections (c) and (d) of section 46b-38c, and (3) agencies and organizations under contract with the Office of Alternative Sanctions for the purpose of monitoring arrested persons referred under subsection (c) of this section or subsection (c) of section 54-64a] accessed and disclosed by employees of the division in accordance with policies and procedures adopted by the Chief Court Administrator.

Sec. 41. Subsection (d) of section 54-91a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(d) Any information contained in the files or report of an investigation pursuant to this section shall be available to the [Office of the Bail Commission] Court Support Services Division for the purpose of performing the duties contained in section 54-63d, as amended by this act, and to the Department of Mental Health and Addiction Services for purposes of diagnosis and treatment.

Sec. 42. Section 54-103b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The [Office of Adult Probation] Court Support Services Division shall implement liaison with local community service providers throughout the state for the purpose of improving services delivery for probation referrals. Contractual services purchased shall be predominantly for the purpose of, but not limited to, employment, psychiatric and psychological evaluation and counseling, drug and alcohol dependency treatment, and other services towards more effective control and rehabilitation of probation referrals. Other outside professional service fees consonant with the primary purpose of improved direct services shall be within the scope of the authority granted by this section.

Sec. 43. Section 54-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[The judges of the Superior Court shall provide and supervise probation service in criminal cases except in juvenile matters. Such judges, or an authorized committee thereof, shall appoint a Director of Probation. Such judges, or an authorized committee thereof,] The Judicial Department shall conduct qualifying examinations and establish lists of persons eligible for appointment as probation officers. [, except for probation officers for juvenile matters, and for appointments to other positions. Such judges, or an authorized committee thereof,] The Judicial Department shall prescribe qualifications for entrance to such examinations and shall establish rules for conducting them and for the eligibility of candidates for employment. [Such judges, or an authorized committee thereof,] The Judicial Department may remove any probation officer or other employee for cause after notice and an opportunity to be heard.

Sec. 44. Section 54-105 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) The Director of Probation shall be the executive officer of the Office of Adult Probation. The judges of the Superior Court or an authorized committee thereof shall, within the limits of available appropriated funds and subject to the compensation plan established under section 51-12, appoint and fix the salaries and the date when such salaries and services shall commence of such number of probation officers, assistants and other employees as may be necessary to provide adequate probation service. The director shall supervise and direct the work]

(a) The executive director of the Court Support Services Division shall be responsible for the supervision of the probation officers and other employees and may require reports from them. [He] The executive director shall (1) formulate methods of investigation, supervision, record-keeping and reports, [. He shall] (2) compile statistics on the work of all probation officers, [and shall] (3) maintain a record of all probationers, (4) perform such other duties as may be necessary to establish and maintain an efficient probation service in the Superior Court, [. He shall] and (5) prepare and publish such reports as may be required by the Chief Court Administrator. In the pursuance of [his duties he] such duties, the executive director shall have access to the records of probation officers. [He shall maintain a record of all probationers. ]

(b) The [Director of Probation shall establish within the Office of Adult Probation] Judicial Department shall establish within the Court Support Services Division an intensive probation program. [, which shall be operated separately from regular probation except that it may share facilities and administrative services. ] The purpose of intensive probation is to place persons in the community under close supervision and restriction to ensure public safety, reduce prison overcrowding and contribute to the rehabilitation of persons in the program. There shall be periodic testing for drug or alcohol use for those probationers on intensive probation who have been identified as having histories of drug or alcohol abuse. Any defendant placed on intensive probation who fails to comply with the conditions of his intensive probation shall be presented to the court as provided in subsection (a) of section 53a-32 for a hearing to be conducted in accordance with said subsection. If such defendant is found by the court to have violated any condition of his intensive probation, the sentencing court or judge may continue such defendant on intensive probation, modify or enlarge the conditions of intensive probation or revoke the intensive probation and either require the defendant to serve the balance of the sentence imposed or impose any lesser sentence. The executive director of the Court Support Services Division shall have the same powers and duties with respect to the intensive probation program as [he] the executive director has with respect to regular probation under subsection (a) of this section. Persons may be placed on intensive probation pursuant to an order of a court or judge under section 53a-30 or 53a-39a, as amended by this act, or as required by the [Office of Adult Probation] Court Support Services Division.

(c) Subject to the approval of the Chief Court Administrator, the [Director of Probation] executive director of the Court Support Services Division may establish within the [Office of Adult Probation] Court Support Services Division a community service program, including a community service labor program, which will assign, supervise and report compliance of persons sentenced to perform community service as a condition of probation or conditional discharge. [Prior to the establishment of such a community service labor program, the Director of Probation shall certify to the Chief Court Administrator that all anticipated costs of a program sufficient for the number of eligible persons expected to be assigned to it can be paid for within available appropriations. If the Director of Probation establishes such a community service program, said director shall, subject to the approval of the Chief Court Administrator, contract with service providers, develop standards and oversee community service programs to implement such program. ]

(d) The [Director of Probation] executive director of the Court Support Services Division shall establish within the [Office of Adult Probation] Court Support Services Division a program wherein eighty-four probation officers shall have a caseload of not more than thirty-five probationers per officer for the purpose of providing high level supervision. This program shall be implemented with funds appropriated pursuant to section 48 of public act 90-213*, provided such caseload may be increased at the discretion of the [Director of Probation] executive director if funding for the current service level for the [Office of Adult Probation] Court Support Services Division is reduced.

Sec. 45. Section 54-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The General Assembly shall provide funds for the salaries and expenses of [the Director of Probation,] the probation officers and other employees and the expenses of volunteer aides incurred in connection with their services to the Judicial Department. A central office, suitably equipped, shall be provided for the employees by the Department of Public Works. On requisition by the executive director of the Court Support Services Division, suitable quarters for the probation officers and their assistants shall be provided.

Sec. 46. Section 54-123a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) There is established, within available appropriations, an Office of Alternative Sanctions within the Judicial Department.

(b) The duties and responsibilities of the office shall be to] The Judicial Department shall:

(1) Oversee and coordinate the implementation of alternative sanctions for both the regular criminal docket and the docket for juvenile matters of the Superior Court;

(2) Evaluate the effectiveness of alternative sanctions and their impact on juvenile and adult offenders, prison and jail overcrowding, court backlogs and community safety;

(3) Plan and establish new alternative sanctions;

(4) Develop criteria for determining the types of offenders appropriate to receive alternative sanctions and for determining the effectiveness of those sanctions for specific offender populations;

[(5) Report annually to the General Assembly on its evaluation of alternative sanctions; ]

[(6)] (5) Contract with nonprofit organizations providing alternative incarceration programs, halfway houses and other similar services;

[(7)] (6) Contract for independent evaluations with respect to the use of alternative sanctions;

[(8)] (7) Apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals;

[(9)] (8) Enter into agreements with the United States which may be required to obtain federal funds, and do all things necessary to apply or qualify for, accept and distribute any state and federal funds allotted under any federal or state law for alternative incarceration programs;

[(10)] (9) Enter into contracts and cooperate with local government units and any combination of such units to carry out the duties imposed by this section;

[(11)] (10) Enter into agreements necessary, convenient or desirable for carrying out the purposes of this section with foundations, agencies, corporations and other businesses or individuals; and

[(12)] (11) Accept gifts or donations of funds, services, materials or property from any source and use such gifts or donations as is appropriate to implement the provisions of this section.

Sec. 47. Section 54-123b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

There is established an advisory committee to the [Office of Alternative Sanctions] Court Support Services Division concerning adult offenders. The committee shall consist of nine members appointed by the Chief Court Administrator and shall include a Superior Court judge, representatives from the [Office of Adult Probation, the Office of the Bail Commission] Court Support Services Division, the Department of Correction and the Division of Criminal Justice, representatives of private nonprofit agencies serving offenders and providing programs of alternative sanctions and public members.

Sec. 48. Section 54-123c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

There is established an advisory committee to the [Office of Alternative Sanctions] Court Support Services Division concerning juvenile offenders. The committee shall consist of nine members appointed by the Chief Court Administrator and shall include a Superior Court judge, representatives from the Department of Children and Families, the Division of Criminal Justice and the Division of Public Defender Services, representatives of private nonprofit agencies serving juvenile offenders and providing programs of alternative sanctions and public members.

Sec. 49. Subsection (b) of section 54-142g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) "Criminal justice agency" means any court with criminal jurisdiction, the Department of Motor Vehicles [,] or any other governmental agency created by statute which is authorized by law and engages, in fact, as its principal function in activities constituting the administration of criminal justice, [; ] including, but not limited to, organized municipal police departments, the Division of State Police, the Department of Correction, [Office of Adult Probation,] the Court Support Services Division, the Office of Policy and Management, the state's attorneys, assistant state's attorneys [,] and deputy assistant state's attorneys, the Board of Parole, the Board of Pardons, [bail commissioners,] the Chief Medical Examiner and the Office of the Victim Advocate. [It shall also include] "Criminal justice agency" includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in fact, engages in activities constituting the administration of criminal justice as its principal function.

Sec. 50. Section 54-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Office of Victim Services shall establish a Criminal Injuries Compensation Fund, for the purpose of funding the compensation and restitution services provided for by this chapter. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. The interest derived from the investment of the fund shall be credited to the fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding. The cost paid into court under section 54-143 shall be deposited in the General Fund and shall be credited to and become a part of [said] the Criminal Injuries Compensation Fund. Any restitution collected by the [Office of Adult Probation] Court Support Services Division pursuant to section 53a-30, as amended by this act, and which is not disbursed within five years, because the victim could not be located, shall be deposited in the Criminal Injuries Compensation Fund. If payment is awarded under section 54-210 and thereafter the court orders the defendant in the criminal case from which such injury or death resulted to make restitution, any money collected as restitution shall be paid to [said] the fund unless the court directs otherwise. Any administrative costs related to the operation of [said] the fund, including credits to and payments of compensation therefrom, shall be paid from [said] the fund. Administrative costs of providing direct services, the proportionate share of any fixed costs associated with such services, the costs of providing direct services to victims and witnesses of crimes in accordance with subdivision (6) of subsection (b) of section 54-203, and any services offered by the Office of Victim Services to witnesses and victims of crime may be budgeted for payment from [said] the fund. The Office of Victim Services may also apply for and receive moneys for [said] the fund from any federal, state or private source.

Sec. 51. Subdivision (10) of section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(10) "Release into the community" means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28, as amended, that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Parole, by the Department of Correction to a program authorized by section 18-100c or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the [Office of Adult Probation] Court Support Services Division in accordance with the terms of the offender's sentence; or (C) release from a hospital for mental illness or a facility for persons with mental retardation by the Psychiatric Security Review Board on conditional release pursuant to section 17a-588 or upon termination of commitment to the Psychiatric Security Review Board.

Sec. 52. Section 54-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The [Office of Adult Probation] Court Support Services Division, in conjunction with state-wide experts in law enforcement, the treatment of sexual offenders and sexual assault victim services, shall, within available appropriations, develop a community response education program to be offered to neighborhoods and municipalities that have been notified pursuant to section 54-258 that a person who has registered under said section is or will be residing in that community.

(b) The purpose of such program shall be to assist neighborhoods, parents and children to learn how to better protect themselves from sexual abuse and sexual assault. The program shall develop educational materials and community information resources on prevention and risk reduction concerning sexual abuse and sexual assault and the enforcement of requirements concerning the registration and supervision of sexual offenders and the notification of communities where such offenders reside.

(c) The program may include the following:

(1) An initial community meeting following a community notification, sponsored by the [Office of Adult Probation] Court Support Services Division and held in conjunction with the chief of police, chief elected officials, the superintendent of schools and other municipal officials of the community, to discuss the implementation of the statutory requirements concerning the registration of a sexual offender and the notification of the community where such offender resides, to provide information on the crime or crimes involved and to provide information on how the offender will be monitored by the [Office of Adult Probation] Court Support Services Division and the specific conditions of probation applicable to the offender;

(2) Information on how and where concerned residents may report observed violations by an offender of the conditions of such offender's probation;

(3) Resources to educate families and children in the prevention and avoidance of sexual abuse and sexual assault and for parents seeking supportive methods for discussing relevant issues with their children;

(4) Resources on when and how a community may wish to establish a network of "Safe Houses" for neighborhood children to use when they seek safe shelter or the creation of a neighborhood block watch or crime watch;

(5) Resources for police departments and boards of education to use in consulting with parents on appropriate school-based classroom programs stressing safety, prevention and risk reduction and to use in developing educational programs for parents to discuss relevant issues with their children; and

(6) Compilation and distribution of a list of child protective agencies, child guidance clinics and rape crisis centers for families seeking more in-depth counseling after a community notification has occurred.

(d) The [Office of Adult Probation] Court Support Services Division may apply for and receive grants from the federal government or any agency thereof or from any foundation, corporation, association or individual for purposes of the development of the community response education program under this section.

Sec. 53. (NEW) (Effective January 1, 2003) (a) The Chief Court Administrator shall establish and maintain an automated registry of protective orders that shall contain protective or restraining orders issued by courts of this state, including, but not limited to, orders issued pursuant to sections 46b-15 of the general statutes, as amended, 46b-38c of the general statutes, as amended by this act, 53a-40e of the general statutes, 54-1k of the general statutes, as amended by this act, 54-82q of the general statutes and 54-82r of the general statutes, as amended by this act, and may also contain protective orders issued by courts of other states that have been registered in this state pursuant to section 46b-15a of the general statutes, as amended by this act. The registry shall clearly indicate the date of commencement, the termination date, if specified, and the duration of any order contained therein. The Chief Court Administrator shall adopt policies and procedures for the operation of the registry.

(b) (1) The following information contained in the registry of protective orders shall not be subject to disclosure and may be accessed only in accordance with this section, unless otherwise ordered by the court: (A) Any information that would identify a person protected by an order contained in the registry; (B) any information that is confidential pursuant to state or federal law, including, but not limited to, any information that is confidential pursuant to a court order; and (C) any information entered in the registry pursuant to an ex parte order prior to a hearing by a court having jurisdiction over the parties and the subject matter.

(2) Any employee of the Judicial Department authorized by policies and procedures adopted by the Chief Court Administrator shall have access to such information. The Chief Court Administrator may grant access to such information to personnel of the Department of Public Safety, the Department of Correction, the Board of Parole, the Psychiatric Security Review Board, the Division of Criminal Justice, any municipal or tribal police department within this state or any other agency, organization or person determined by the Chief Court Administrator, pursuant to policies and procedures adopted by the Chief Court Administrator, to have a legitimate interest in the information contained in the registry. Any person who obtains such information pursuant to this subdivision may use and disclose the information only in the performance of such person's duties.

(3) Except as provided in subsection (c) of this section, the information contained in the registry shall be provided to and may be accessed through the Connecticut On-Line Law Enforcement Communications Teleprocessing System maintained by the Department of Public Safety. Nothing in this section shall be construed to permit public access to the Connecticut On-Line Law Enforcement Communications Teleprocessing System.

(c) Any person protected by an order contained in the registry of protective orders may make a request in writing, on a form prescribed by the Chief Court Administrator, that the registry not disclose such protected person's name and address except to the law enforcement agency for the town in which (1) such protected person resides, (2) such protected person is employed, or (3) the person subject to the order resides.

(d) Any person who has reason to believe that information concerning such person which is contained in the registry of protective orders is not consistent with a valid court order may submit a written request for verification of such information to the clerk of the superior court for the judicial district in which such order was issued. If the clerk finds that such information contained in the registry is not consistent with such order, the clerk shall promptly cause such information to be removed from the registry.

(e) The orders and other information required or permitted to be contained in the registry of protective orders may be entered in the registry in any written or electronic form approved by the Chief Court Administrator. For the purposes of this section, an order is contained in the registry if the information contained in such order and information concerning the issuance of such order is entered in the registry in a manner approved by the Chief Court Administrator pursuant to this subsection.

Sec. 54. Subsection (e) of section 46b-15 of the general statutes, as amended by section 12 of public act 01-130, is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

(e) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and of any ex parte order issued pursuant to subsection (b) of this section to be served on the respondent not less than five days before the hearing. Upon the granting of an ex parte order, the clerk of the court shall provide two certified copies of the order to the applicant. [and a copy to the Family Division. ] Upon the granting of an order after notice and hearing, the clerk of the court shall provide two certified copies of the order to the applicant [and a copy to the Family Division] and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall contain the following language: "This court had jurisdiction over the parties and the subject matter when it issued this protection order. Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands. " The clerk of the court shall send, [a certified] by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency for the town in which the applicant resides and, if the respondent resides in a town different than the town in which the applicant resides, to the law enforcement agency for the town in which the respondent resides, within forty-eight hours of the issuance of such order. If the applicant is employed in a town different than the town in which the applicant resides, the clerk of the court shall [, upon the request of the applicant, send a certified] send, by facsimile or other means, a copy of any such order, or the information contained in any such order, to the law enforcement agency for the town in which the applicant is employed within forty-eight hours of the issuance of such order.

Sec. 55. Subsections (c), (d) and (e) of section 46b-38c of the general statutes, as amended by section 13 of public act 01-130, are repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

(c) Each such local family violence intervention unit shall: (1) Accept referrals of family violence cases from a judge or prosecutor, (2) prepare written or oral reports on each case for the court by the next court date to be presented at any time during the court session on that date, (3) provide or arrange for services to victims and offenders, (4) administer contracts to carry out [said] such services, and (5) establish centralized reporting procedures. All information provided to a family relations officer in a local family violence intervention unit shall be [for the sole purpose] solely for the purposes of preparation of the report and the protective order forms for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit [,] and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose, except that if the victim has indicated that the defendant holds a permit to carry a pistol or revolver or possesses one or more firearms, the family relations officer shall disclose such information to the court and the prosecuting authority for appropriate action.

(d) In all cases of family violence, a written or oral report and recommendation of the local family violence intervention unit shall be available to a judge at the first court date appearance to be presented at any time during the court session on that date. A judge of the Superior Court may consider and impose the following conditions to protect the parties, including, but not limited to: (1) Issuance of a protective order pursuant to subsection (e) of this section; (2) prohibition against subjecting the victim to further violence; (3) referral to a family violence education program for batterers; and (4) immediate referral for more extensive case assessment. Such protective order shall be an order of the court, and the clerk of the court shall cause (A) a certified copy of such order to be sent to the victim, and (B) a [certified] copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the law enforcement agency for the town in which the victim resides and, if the defendant resides in a town different than the town in which the victim resides, to the law enforcement agency for the town in which the defendant resides. If the victim is employed in a town different than the town in which the victim resides, the clerk of the court shall, upon the request of the victim, send, [a certified] by facsimile or other means, a copy of such order, or the information contained in such order, to the law enforcement agency for the town in which the victim is employed within forty-eight hours of the issuance of such order.

(e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including, but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, [; ] (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, [; ] or (3) entering the family dwelling or the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-223, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release, and may result in raising the amount of bail or revoking release. " Every order of the court made in accordance with this section after notice and hearing shall also contain the following language: "This court had jurisdiction over the parties and the subject matter when it issued this protection order. Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands. " [The Department of Public Safety, in cooperation with the Office of the Chief Court Administrator shall establish a twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system] The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 53 of this act.

Sec. 56. Section 54-1k of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

Upon the arrest of a person for a violation of section 53a-181c, 53a-181d or 53a-181e, the court may issue a protective order pursuant to this section. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the victim, and a [certified] copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency. A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, [; ] (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, [; ] or (3) entering the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-223, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release. " [Any] The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders [established under subsection (e) of section 46b-38c] pursuant to section 53 of this act.

Sec. 57. Section 54-76l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

(a) The records of any youth adjudged a youthful offender, including fingerprints, photographs and physical descriptions, shall be confidential and shall not be open to public inspection or be disclosed except as provided in this section, but such fingerprints, photographs and physical descriptions submitted to the State Police Bureau of Identification of the Division of State Police within the Department of Public Safety at the time of the arrest of a person subsequently adjudged a youthful offender shall be retained as confidential matter in the files of [such] the bureau [,] and be opened to inspection only as [hereinafter] provided in this section. Other data ordinarily received by [such] the bureau, with regard to persons arrested for a crime, shall be forwarded to the bureau to be filed, in addition to [the] such fingerprints, photographs and physical descriptions, [as mentioned above,] and be retained in the division as confidential information, open to inspection only as [hereinafter] provided in this section.

(b) The records of any youth adjudged a youthful offender on or after October 1, 1995, or any part thereof, may be disclosed to and between individuals and agencies, and employees of such agencies, providing services directly to the youth, including law enforcement officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the [Office of Adult Probation, the Office of the Bail Commission] Court Support Services Division, the Board of Parole and an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the youth. Such records shall also be available to the attorney representing the youth, in any proceedings in which such records are relevant, to the parents or guardian of such youth, until such time as the youth reaches the age of majority or is emancipated, and to the youth upon his emancipation or attainment of the age of majority, provided proof of the identity of such youth is submitted in accordance with guidelines prescribed by the Chief Court Administrator. Such records disclosed pursuant to this subsection shall not be further disclosed.

(c) The records of any youth adjudged a youthful offender, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records or information disclosed pursuant to this subsection shall not be further disclosed.

(d) The records of any youth adjudged a youthful offender, or any part thereof, shall be available to the victim of the crime committed by such youth to the same extent as the record of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom such victim may request such information. Information disclosed pursuant to this subsection shall not be further disclosed.

(e) Any reports and files held by the [Office of Adult Probation] Court Support Services Division regarding any youth adjudged a youthful offender who served a period of probation may be [disclosed to the Office of the Bail Commission] accessed and disclosed by employees of the division for the purpose of performing the duties contained in section 54-63b.

(f) Information concerning any youth adjudged a youthful offender who has escaped from an institution to which such youth has been committed or for whom an arrest warrant has been issued may be disclosed by law enforcement officials.

(g) The information contained in and concerning the issuance of any protective order issued in a case in which a person is found eligible to be adjudged a youthful offender shall be entered in the registry of protective orders pursuant to section 53 of this act and may be further disclosed as specified in said section.

Sec. 58. Subsection (a) of section 54-82r of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

(a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing at which hearsay evidence shall be admissible, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 53a-151 or 53a-151a. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a [certified] copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency.

Sec. 59. Section 54-86e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

The name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, shall be confidential and shall be disclosed only upon order of the Superior Court, except that (1) such information shall be available to the accused in the same manner and time as such information is available to persons accused of other criminal offenses, and (2) if a protective order is issued in a prosecution under any of said sections, the name and address of the victim, in addition to the information contained in and concerning the issuance of such order, shall be entered in the registry of protective orders pursuant to section 53 of this act.

Sec. 60. Subsection (g) of section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):

(g) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed unless and until all counts are entitled to erasure in accordance with the provisions of this section. Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 53 of this act.

Sec. 61. Subsection (a) of section 6-38f of the general statutes, as amended by section 9 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) (1) Notwithstanding the provisions of section 6-38, the State Marshal Commission shall appoint as a state marshal any eligible individual who applies for such a position. For the purposes of this section, "eligible individual" means an individual who was a deputy sheriff or special deputy sheriff of a corporation on or after May 31, 1995, who had served as a deputy sheriff or special deputy sheriff of a corporation for a period of not less than four years and who has submitted an application to the State Marshal Commission on or before July 31, 2001, provided any such eligible individual submitted an initial application dated on or before June 30, 2000.

(2) For the purpose of showing proof that [one] an individual has served as a deputy sheriff [,] as required by this subsection, information contained in the Connecticut State Register and Manual shall be accepted as evidence.

(3) Any person authorized to apply for appointment as a state marshal pursuant to this section who is determined not to be eligible for such appointment by the State Marshal Commission may appeal such determination to the Superior Court for the judicial district of [Hartford] New Britain in accordance with the procedures and time periods set forth in chapter 54.

Sec. 62. Subsections (f) and (g) of section 7-152b of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(f) If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than thirty days nor more than twelve months after such mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator [within the boundaries of the judicial district in which the town, city or borough is located] together with an entry fee of eight dollars. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs of eight dollars, against such person in favor of the town, city or borough. Notwithstanding any [other] provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.

(g) A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259, [in the superior court for the geographical area in which the town, city or borough is located] at the superior court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

Sec. 63. Subsections (f) and (g) of section 7-152c of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(f) If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than thirty days nor more than twelve months after such mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator [within the boundaries of the judicial district in which the municipality is located] together with an entry fee of eight dollars. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs of eight dollars, against such person in favor of the municipality. Notwithstanding any [other] provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.

(g) A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259, [in the superior court for the geographical area in which the municipality is located] at a superior court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

Sec. 64. Section 2 of public act 01-47 is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) As used in this section, "mediation" means the process where the parties in an appeal filed under section 8-8, as amended, 22a-34, as amended by this act or 22a-43, as amended by this act, meet with an impartial third party to work toward resolution of the issues in the decision [of the board] that was the subject of the appeal in accordance with generally accepted principles of mediation.

(b) At any time after filing of the appeal, the parties may agree to mediate the decision that was appealed. The parties shall file a statement advising the court that the dispute may be resolved by mediation. [The parties shall cause notice of the mediation to be published in a newspaper having a substantial circulation in the municipality not more than fifteen days after the statement is submitted to the court. Not more than seven days after such notice is published, any aggrieved party, as defined in section 8-8 may petition the court to participate in the mediation process. The court shall make a determination on inclusion of the petitioner in the mediation process not more than seven days after submittal of the petition. The decision of the court may not be appealed. ] Mediation shall take place with the consent of each party.

(c) Mediation shall begin on the date the statement is filed under subsection (b) of this section and conclude not more than one hundred eighty days after such filing. Such period may be extended for an additional one hundred eighty days upon mutual agreement of the parties. A party may submit a petition to the court requesting another extension or stating why no other extension should be granted. The court, in its discretion, may extend the time for mediation after the second period of one hundred eighty days has elapsed. A party may withdraw from mediation at any time after notification to other parties and to the Superior Court.

(d) The contents of mediating sessions shall not be admissible as evidence. A mediator shall not act as or be summoned as a witness in a court proceeding on an appeal if mediation has not resolved the issues of the appeal.

(e) A mediator may request the participation in mediation of any person deemed by the mediator necessary for effective resolution of the issues, including representatives of governmental agencies not a party to the action, abutting property owners, intervenors or other persons significantly involved in the decision being appealed.

(f) Not more than fifteen days after the conclusion of mediation, the mediators shall file a report with the court describing the proceedings and specifying the issues resolved. If no resolution is made, the mediators shall file a report with the court stating that the issues have not been resolved.

(g) The cost of mediation shall be distributed equally among the parties.

Sec. 65. Subsection (b) of section 22a-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) Such appeal shall be brought in accordance with the provisions of section 4-183, except that venue for such appeal shall be in the judicial district of New Britain. Such appeal shall have precedence in the order of trial. The proceedings of the court in the appeal may be stayed by agreement of the parties when a mediation conducted pursuant to section 2 of public act 01-47, as amended by this act, commences. Any such stay shall terminate upon conclusion of the mediation.

Sec. 66. Section 22a-43 of the general statutes, as amended by section 3 of public act 01-47, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The commissioner or any person aggrieved by any regulation, order, decision or action made pursuant to sections 22a-36 to 22a-45, inclusive, by the commissioner, a district or municipality or any person owning or occupying land which abuts any portion of land within, or is within a radius of ninety feet of, the wetland or watercourse involved in any regulation, order, decision or action made pursuant to said sections may, within the time specified in subsection (b) of section 8-8, as amended, from the publication of such regulation, order, decision or action, appeal to the superior court for the judicial district where the land affected is located, and if located in more than one judicial district to the court in any such judicial district. Such appeal shall be made returnable to [said] the court in the same manner as that prescribed for civil actions brought to [said] the court, except that the record shall be transmitted to the court within the time specified in subsection (i) of section 8-8, as amended. If the inland wetlands agency or its agent does not provide a transcript of the stenographic or the sound recording of a meeting where the inland wetlands agency or its agent deliberates or makes a decision on a permit for which a public hearing was held, a certified, true and accurate transcript of a stenographic or sound recording of the meeting prepared by or on behalf of the applicant or any other party shall be admissible as part of the record. Notice of such appeal shall be served upon the inland wetlands agency and the commissioner. The commissioner may appear as a party to any action brought by any other person within thirty days from the date such appeal is returned to the court. The appeal shall state the reasons upon which it is predicated and shall not stay proceedings on the regulation, order, decision or action, but the court may on application and after notice grant a restraining order. Such appeal shall have precedence in the order of trial.

(b) The court, upon the motion of the person who applied for such order, decision or action, shall make such person a party defendant in the appeal. Such defendant may, at any time after the return date of such appeal, make a motion to dismiss the appeal. At the hearing on such motion to dismiss, each appellant shall have the burden of proving such appellant's standing to bring the appeal. The court may, upon the record, grant or deny the motion. The court's order on such motion may be appealed in the manner provided in subsection (p) of section 8-8, as amended.

(c) The proceedings of the court in the appeal may be stayed by agreement of the parties when a mediation conducted pursuant to section 2 of public act 01-47, as amended by this act, commences. Any such stay shall terminate upon conclusion of the mediation.

[(c)] (d) No appeal taken under subsection (a) of this section shall be withdrawn and no settlement between the parties to any such appeal shall be effective unless and until a hearing has been held before the Superior Court and [said] the court has approved such proposed withdrawal or settlement.

[(d)] (e) There shall be no right to further review except to the Appellate Court by certification for review in accordance with the provisions of subsection (p) of section 8-8, as amended.

Sec. 67. Section 51-36a of the general statutes, as amended by section 4 of public act 01-186, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the purposes of this section, "employees of the Judicial Department" shall not include employees of the courts of probate or the Public Defender Services Commission, and "records" shall not include records maintained by the courts of probate or the Public Defender Services Commission.

(b) Notwithstanding any [other] provision of the general statutes, employees of the Judicial Department [shall, in the performance of their duties, have the right of access to all] may, in accordance with policies and procedures adopted by the Chief Court Administrator, access any records maintained by the Judicial Department, including erased records, and may disclose the information contained in such records [to the extent necessary for the performance of their duties] in accordance with such policies and procedures.

(c) Notwithstanding any [other] provision of the general statutes, Judicial Department contractors and authorized agents of the Judicial Department may, in accordance with policies and procedures adopted by the Chief Court Administrator, access records maintained by the Judicial Department, including erased records, and may disclose the information contained in such records [to the extent necessary for the performance of their duties for the Judicial Department] in accordance with such policies and procedures.

(d) This section shall apply to all records in existence on and after the effective date of this section.

Sec. 68. Section 8-131 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

After the statement of compensation provided for in section 8-129 has been filed with the clerk of the Superior Court, the property owner affected and all other persons having a record interest therein may file with said clerk his or their written acceptance thereof. Said clerk shall thereupon notify the redevelopment agency of such acceptance. If the amount to be paid by the redevelopment agency or the municipality for such property does not exceed ten thousand dollars, said clerk shall send a certified copy of the statement of compensation and the acceptance thereof to the redevelopment agency, and the court shall order the deposit or any balance remaining thereon not disbursed by order of the court in accordance with the procedure set forth in section 8-130 to be paid to the persons entitled thereto in accordance with their equities upon application made by such persons. If the amount of such compensation exceeds ten thousand dollars, said clerk shall not certify the same until the compensation has been approved as reasonable in amount by a [state] judge of the Superior Court or a judge trial referee. If such [state] judge or judge trial referee approves such compensation, said clerk shall thereupon send a certified copy of the statement of compensation and the acceptance thereof to the redevelopment agency, and the court shall order the deposit or any such balance remaining on deposit to be paid to the persons entitled thereto in accordance with their equities upon application made by such persons. If such [state] judge or judge trial referee does not approve such statement of compensation, said clerk shall notify the redevelopment agency and the latter may file an amended statement of compensation.

Sec. 69. Section 8-132 of the general statutes, as amended by section 1 of public act 01-186 and section 113 of public act 01-195, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Any person claiming to be aggrieved by the statement of compensation filed by the redevelopment agency may, at any time within six months after the same has been filed, apply to the superior court for the judicial district in which such property is situated [, or, if said court is not in session, to any judge thereof,] for a review of such statement of compensation so far as the same affects such applicant. [, and said court or such judge] The court, after causing notice of the pendency of such application to be given to said redevelopment agency, may appoint a judge trial referee to make a review of the statement of compensation. [Such referee, having given]

(b) If the court appoints a judge trial referee, such judge trial referee, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and said redevelopment agency, shall view the property and take such testimony as such judge trial referee deems material and shall thereupon revise such statement of compensation in such manner as such judge trial referee deems proper and forthwith report to the court. Such report shall contain a detailed statement of findings by the judge trial referee, sufficient to enable the court to determine the considerations upon which the judge trial referee's conclusions are based. The report of the judge trial referee shall take into account any evidence relevant to the fair market value of the property, including evidence of environmental condition and required environmental remediation. The judge trial referee shall make a separate finding for remediation costs and the property owner shall be entitled to a setoff of such costs in any pending or subsequent action to recover remediation costs for the property. [Such report may be rejected] The court shall review the report, and may reject it for any irregular or improper conduct in the performance of the duties of such judge trial referee. If the report is rejected, the court [or judge shall] may appoint another judge trial referee to make such review and report. If the report is accepted, [such] its statement of compensation shall be conclusive upon such owner and the redevelopment agency.

(c) If the court does not appoint a judge trial referee, the court, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and said redevelopment agency and take such testimony as it deems material, may view the subject property, and shall make a finding regarding the statement of compensation. The findings of the court shall take into account any evidence relevant to the fair market value of the property, including evidence of environmental condition and required environmental remediation. The court shall make a separate finding for remediation costs and the property owner shall be entitled to a set-off of such costs in any pending or subsequent action to recover remediation costs for the property. The findings of the court shall be conclusive upon such owner and the redevelopment agency.

(d) If no appeal to the Appellate Court is filed within the time allowed by law, or if one is filed and the proceedings have terminated in a final judgment finding the amount due the property owner, the clerk shall send a certified copy of the statement of compensation and of the judgment to the redevelopment agency, which shall, upon receipt thereof, pay such property owner the amount due as compensation. The pendency of any such application for review shall not prevent or delay whatever action is proposed with regard to such property by the project area redevelopment plan.

Sec. 70. Section 8-132a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Any person making application for payment of moneys deposited in court as provided for by section 8-130 or claiming an interest in the compensation being determined in accordance with section 8-132, as amended, may make a motion to the superior court for the judicial district in which the property that is the subject of the proceedings referred to is located [, or if said court is not in session to any judge thereof,] for a determination of the equity of the parties having an interest in such moneys. [Said court or judge upon such motion or upon its or his own motion may appoint a state] The court may appoint a judge trial referee to hear the facts and to make a determination of the equity of the parties in such moneys. [Such referee, having given]

(b) If the court appoints a judge trial referee, such judge trial referee, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and any parties interested, take such testimonies as such judge trial referee deems material and determine the equities of the parties having a record interest in such moneys and forthwith report to the court. [or judge. ] Such report shall contain a detailed statement of findings by the judge trial referee, sufficient to enable the court to determine the considerations upon which the judge trial referee based his conclusions. The [report may be rejected] court shall review the report, and may reject it for any irregular or improper conduct in the performance of the duties of such judge trial referee. If the report is rejected, the court [or judge shall] may appoint another judge trial referee to make such determination and report. If the report is accepted, such determination of the equities shall be conclusive upon all parties given notice of such hearing, subject to appeal to the Appellate Court.

(c) If the court does not appoint a judge trial referee, the court, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall take such testimony as it deems material and determine the equities of the parties having a record interest in such moneys. The finding of the court and such determination of the equities shall be conclusive upon all parties given notice of such hearing, subject to appeal to the Appellate Court.

(d) If no appeal to the Appellate Court is filed within the time allowed by law, or if one is filed and the proceedings have terminated in a final judgment determining the amount due to each party, the clerk shall send a certified copy of the statement of compensation and of the judgment to the redevelopment agency, which shall, upon receipt thereof, pay such parties the amount due them as compensation. The pendency of any such application for review shall not prevent or delay whatever action is proposed with regard to such property by the project area redevelopment plan.

Sec. 71. Section 13a-74 of the general statutes, as amended by section 7 of public act 01-105 and section 13 of public act 01-186, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

After the assessment of damages and benefits provided for in subsection (b) of section 13a-73 has been filed with the clerk of the Superior Court, the property owner affected may file with said clerk the property owner's written acceptance thereof. Said clerk shall thereupon notify the Comptroller and the commissioner of such acceptance. If the amount to be paid by the state for such land, after deducting any benefits which have been assessed, does not exceed one hundred thousand dollars, said clerk shall send a certified copy of the assessment and the acceptance thereof to the commissioner and the Comptroller, and the Comptroller shall, upon receipt thereof, draw an order on the Treasurer in favor of such property owner for the amount due the property owner under such assessment. If the amount of such assessment, after deducting any such benefits, exceeds one hundred thousand dollars, said clerk shall not certify the same to the Comptroller until the assessment has been approved as reasonable in amount by a [state] judge of the Superior Court or a judge trial referee. If such [state] judge or judge trial referee approves such assessment, said clerk shall thereupon send a certified copy of the assessment and the acceptance thereof and a certificate that the same has been so approved to the commissioner and to the Comptroller, and the Comptroller shall, upon receipt thereof, draw an order on the Treasurer in favor of such property owner for the amount due the property owner on such assessment. If such [state] judge or judge trial referee does not approve such assessment, said clerk shall notify the Attorney General and the commissioner and the latter may file an amended assessment.

Sec. 72. Section 13a-76 of the general statutes, as amended by section 1 of public act 01-75 and section 2 of public act 01-186, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Any person claiming to be aggrieved by the assessment of such special damages or such special benefits by the commissioner may, at any time within six months after the same has been so filed, apply to the superior court for the judicial district within which such land is situated [or, if said court is not in session, to any judge thereof] for a reassessment of such damages or such benefits so far as the same affect such applicant. [, and said court or such judge] The court, after causing notice of the pendency of such application to be given to [said] the commissioner, may appoint a judge trial referee to make such reassessment of such damages or such benefits. [Such] The court or such judge trial referee, [having given] after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and [said] the commissioner, [shall] may view the land, and shall take such testimony as the court or such judge trial referee deems material and shall thereupon reassess such damages and benefits so far as they affect such applicant. The reassessment [of such] by the court or such judge trial referee shall take into account any evidence relevant to the fair market value of the property, including evidence of required environmental remediation by the Department of Transportation. [Such] The court or such judge trial referee shall make a separate finding for remediation costs, and the property owner shall be entitled to a set-off of such costs in any pending or subsequent legal action to recover remediation costs for the property. If the amount of the reassessment of such damages awarded to any such property owner exceeds the amount of the assessment of such damages by the commissioner for such land, the court or such judge trial referee shall award to such property owner such appraisal fees as the court or such judge trial referee determines to be reasonable. If no appeal to the Appellate Court is filed within the time allowed by law, or if one is filed and the proceedings have terminated in a final judgment finding the amount due the landowner, the clerk shall send a certified copy of the assessment of the commissioner and of the judgment to the Comptroller, who shall, upon receipt thereof, draw an order upon the Treasurer in favor of the landowner for the amount due the landowner as damages. The pendency of any such application for reassessment shall not prevent or delay the layout, extension, alteration, widening, change of grade or other improvement of any such highway.

Sec. 73. Subsection (b) of section 51-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) The judges of the Superior Court shall adopt orders and rules for the hearing and determination of small claims that shall include: [provisions] (1) Provisions for the institution of small claims actions by attorneys-at-law on suitable forms to be served by a proper officer or indifferent person upon the defendant in the same manner as complaints are served in civil actions; [at least ten days before the small claims session of the court mentioned in such form, and for making his return thereon at least six days before such session; and may also include, among other provisions, the commencement of actions by an attorney-at-law or other person without writ or requirement of pleading other than a written or oral statement to the clerk; ] (2) notice by mail; (3) provisions for the early hearing of actions and rules for hearings in accordance with sections 51-193t and 52-549a, [and for the commencement of such actions without the payment of entry fee or other fee,] and the elimination of any and all [other] fees or costs, except a fee for small claims procedure as prescribed in section 52-259; (4) modification of any or all existing rules of pleading, practice and evidence; and (5) a stay of the entry of judgment or of the issuance of execution and an alternative procedure according to the usual rules of practice. Such orders and rules shall permit the institution of a small claims action against a nonresident defendant who owns real or personal property in this state and against an out-of-state corporation.

Sec. 74. Subsection (b) of section 51-47b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) In no event shall the total of a retired judge's compensation, defined as retirement salary plus fees payable by the state for services as a senior judge or state referee for services rendered in any fiscal year, exceed the [amount equal to the highest salary on which his retirement salary is based during the fiscal year] highest annual salary specified by section 51-47, as amended, during the fiscal year for the judicial office held by the retired judge at the time of retirement.

Sec. 75. Subsection (g) of section 51-345 of the general statutes, as amended by section 58 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) Venue for small claims matters shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters. In small claims matters, civil process shall be made returnable to the Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the plaintiff resides, where the defendant resides or is doing business or where the transaction or injury occurred. If the plaintiff is [either] a domestic corporation, a United States corporation, a foreign corporation or a limited liability company, civil process shall be made returnable to a Superior Court facility designated by the Chief Court Administrator to serve the small claims area [within the boundaries of the judicial district] where the defendant resides or is doing business or where the transaction or injury occurred.

Sec. 76. Subsection (d) of section 51-348 of the general statutes, as amended by section 60 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Venue for [motor vehicle matters] infractions and violations that may be heard and decided by a magistrate pursuant to section 51-193u shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters.

Sec. 77. Subsection (a) of section 52-259a of the general statutes, as amended by section 18 of public act 01-91 and section 11 of public act 01-211, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any member of the Division of Criminal Justice [,] or the Division of Public Defender Services, [or the Family Division or Support Enforcement Services of the Superior Court] any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Public Utility Control, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, the Office of Protection and Advocacy for Persons with Disabilities or the Office of the Victim Advocate, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259 and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a, [and] subsection (n) of section 46b-231 and section 10 of public act 01-9 of the June special session.

Sec. 78. Subsection (b) of section 52-470 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) No appeal from the judgment rendered in a habeas corpus proceeding brought [in order to obtain his release by or in behalf of one] by or on behalf of a person who has been convicted of a crime in order to obtain such person's release may be taken unless the appellant, within ten days after the case is decided, petitions the judge before whom the case was tried or, [a judge of the Supreme Court or Appellate Court] if such judge is unavailable, a judge of the Superior Court designated by the Chief Court Administrator, to certify that a question is involved in the decision which ought to be reviewed by the court having jurisdiction and the judge so certifies.

Sec. 79. Subsection (f) of section 54-208 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(f) Payments shall be made in a manner to be determined by the Office of Victim Services, including, but not limited to, lump sum or periodic payments. If an award is not claimed by the applicant within forty-five days after notice of the award, the Office of Victim Services may vacate such award or may order payments from such award to health care providers or victim service providers and vacate any remaining amount of such award.

Sec. 80. Subsection (b) of section 46b-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) Within such ninety-day period or within thirty days of the request, whichever is later, there shall be two mandatory consultations with the conciliator by each party to explore the possibility of reconciliation or of resolving the emotional problems which might lead to continuing conflicts following the dissolution of the marriage. Failure of the plaintiff or defendant to attend these consultations except for good cause shall preclude further action on the complaint until the expiration of six months from the date of the return day; provided the court may order the termination of such stay, upon the motion of either party and for good cause shown. Further consultations may be held with the consent of both parties, or, if the conciliator recommends one or more additional consultations and either one of the parties agrees, the court may order such additional consultations.

Sec. 81. Section 46b-69c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) There is established an advisory committee to (1) make recommendations to the Judicial Department on the development of, and annually thereafter on modifications to, the curriculum for the parenting education program established pursuant to subsection (a) of section 46b-69b, and (2) advise on other matters involving the service providers, including the qualifications and selection of such providers.

(b) Not later than January 15, 2003, the advisory committee shall make recommendations to the Judicial Department on the expansion of the parenting education program to include a separate program for children whose parents are involved in a dissolution of marriage action. Such program shall be designed to help children cope more effectively with the problems that result from a dissolution and shall have as its goal the prevention or reduction of children's anxiety, aggression, depression and behavioral problems and an increase in social competencies critical to children's post-dissolution adjustment.

[(b)] (c) The advisory committee shall consist of not more than ten members to be appointed by the Chief Justice of the Supreme Court and shall include members who represent the commission on children, the family law section of the Connecticut Bar Association, educators specializing in children studies, agencies representing victims of family violence, service providers and the Judicial Department. The members shall serve for terms of two years and may be reappointed for succeeding terms. The members shall elect a chairperson from among their number and shall receive no compensation for their services.

[(c)] (d) The Family Division of the Judicial Department shall provide staff services to the advisory committee.

Sec. 82. (Effective October 1, 2002) Sections 54-103a, 54-104, 54-106, 54-107 and 54-108a of the general statutes are repealed.

Approved June 7, 2002