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 APPENDIX B

STRATEGY OPTIONS

CONNECTICUT LAW REVISION COMMISSION

DRUG POLICY STUDY

 


APPENDIX B: STRATEGY OPTIONS

 

BILL NO. 1:

 AN ACT CREATING A DIVISION OF SUBSTANCE ABUSE POLICY AND MANAGEMENT AND A STATEWIDE SUBSTANCE ABUSE POLICY.

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

 Section 1. (NEW) (Division of substance abuse policy and management. Duties. State substance abuse policy based on public health.) There is hereby established a division of substance abuse policy and management within the office of policy and management. The division shall develop, promulgate, coordinate, administer, monitor, and evaluate a statewide substance abuse policy to coordinate the substance abuse policies of the Judicial Department and state agencies. The statewide substance abuse policy shall address substance use and abuse as a public health issue to be treated by a comprehensive and coordinated statewide system of prevention, education, intervention, treatment, and criminal justice. In formulating that policy, the division shall evaluate, on an ongoing basis, the effectiveness of public health, treatment, education and intervention policies and the sanctions administered by the criminal justice system. The goal of the substance abuse policy shall be to minimize the total social and economic cost generated by the production, distribution, use, and control of abused substances. The policy shall be submitted on or before January fifteenth of each year to the governor and the General Assembly and shall recommend such legislation and changes in administrative practice as are necessary to implement the statewide policy.

 Sec. 2. (NEW) (Data collection and evaluation.) To implement the goals of the statewide substance abuse policy, the division shall establish uniform policies and procedures for standardizing, collecting, managing, and evaluating information with respect to: (1) substance use, abuse, and dependency in the state, client and patient demographies, and crime and criminal justice efforts, (2) the use of prevention, treatment, intervention, and education services, and the use of criminal justice resources to address substance use and abuse, (3) the quality and cost effectiveness of substance abuse services administered or licensed by state agencies and the Judicial Department or purchased by the state from private providers, and (4) other information that the division considers appropriate to meet the purposes of the statewide substance abuse policy. The division shall ensure that all state agencies that provide, purchase or license substance abuse services comply with the uniform policies and procedures established pursuant to this section. The division shall establish a central repository of substance abuse and use data that can be used for aggregate analytical and research purposes by the Judicial Department and appropriate state agencies.

 Sec. 3. (NEW) (Annual report.) On or before January fifteenth of each year, the division shall submit an annual report to the General Assembly, the Judicial Department, and to state agencies that summarizes (1) client, patient, and criminal justice demographic information, (2) trends in substance use and abuse and risk factors associated with such use and abuse, (3) based on outcomes measures, the effectiveness of prevention, intervention, education, treatment, services and criminal justice efforts, (4) a statewide costs analysis, and (5) other information that the division considers appropriate to meet the purposes of the statewide substance abuse policy.

 Sec. 4. (NEW) (Substance abuse policy council.) The division shall create a Substance Abuse Policy Council to advise the division on development, promulgation, coordination, administration, monitoring, and evaluation of the statewide substance abuse policy and to assist the division to interpret research and data analysis and to review policies and practices of individual agencies and the Judicial Department. The Policy Council shall consist of the following members: The secretary of the office of policy and management; the commissioners or their designees of the departments of children and families, correction, education, higher education, insurance, mental health and addiction services, public health, public safety, social services, consumer protection; the chief court administrator or his designee; the chairman of the board of parole or his designee; the chief state’s attorney or his designee; the chief public defender or his designee; the president of a statewide association of chiefs of police or his designee, a representative from a statewide substance abuse prevention and education organization appointed by the governor; a representative from a state-funded private sector substance abuse treatment program experienced in treatment of adults appointed by the president pro tempore of the senate; a representative from a state-funded private sector substance abuse treatment program experienced in treatment of children appointed by the speaker of the house of representatives; a representative of a state-funded private sector methadone treatment program appointed by the majority leader of the senate; a representative of a public or private university in this state who is experienced in data collection and analysis appointed by the majority leader of the house of representatives; and two representatives from public or private universities in this state experienced in substance abuse policy, treatment, or research, one appointed by the minority leader of the senate and one appointed by the minority leader of the house of representatives. The secretary of the office of policy and management shall be chairman of the council. The first meeting of the council shall be called on or before December 1, 1997.

 BILL NO. 2:

 AN ACT ESTABLISHING A PILOT PROGRAM OF PRESCRIPTION OF METHADONE BY PHYSICIANS AFFILIATED WITH A METHADONE MAINTENANCE TREATMENT PROGRAM AND METHADONE TREATMENT SERVICES TO INCARCERATED PERSONS DEPENDENT ON OPIATES.

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

 Section 1. (NEW) (Pilot program of prescription of methadone by private physicians) (a) On or before January 1, 1998, the department of mental health and addiction services shall establish in each of the service regions of the state a pilot research program of prescription of methadone by physicians. The physicians shall be licensed in this state, skilled in addiction medicine, and affiliated with a methadone maintenance treatment program. The department shall, with the assistance of the department of public health and an advisory committee appointed by the department of mental health and addiction services, establish protocols for the pilot program in accordance with provisions of this act. The department shall appoint to the advisory committee representatives of the departments of mental health and addiction services and public health, methadone maintenance treatment programs, community medical providers, and physicians skilled in addiction medicine, methadone patients or their representatives, and others the department considers appropriate to develop the protocols. The advisory committee shall also conduct an ongoing review of the pilot programs.

(b) The pilot research program in each region shall (1) be incorporated into an existing methadone maintenance treatment program, (2) provide services to stabilized patients at a location separate from the methadone maintenance treatment program, (3) in its first year of operation, have no fewer than two physicians who are affiliated with the methadone maintenance treatment program, and thereafter have no fewer than five such physicians, (4) have methadone prescribed by the affiliated physicians to be dispensed by the prescribing physician, a pharmacy, or the methadone maintenance treatment clinic as determined by the prescribing physician, and (5) set other appropriate standards and protocols for the program, including admission to, participation in, discharge from, and retention in the program as well as transition to other programs.

 (c) Each pilot program shall include a rigorous evaluation component in which the department shall monitor (1) the ability of the program to attract and retain participants, (2) reduction in illicit opiate use, (3) the status of their treatment in the pilot program, (4) changes in behavior, including HIV-related risk behavior, in physical health, in involvement with the criminal justice system, in employment, and in other social integration indicators, and (5) other evaluation information that the department considers appropriate.

 (d) The department shall, no later than January 1, 2000, submit a report evaluating the effectiveness of the program in each of the regions to the joint standing committees of the general assembly having cognizance of matters relating to criminal justice and public health.

 (e) This section shall take effect July 1, 1997.

 Sec. 2. (NEW) (a) (Methadone detoxification for newly-admitted, opiate-using inmates.) Beginning on or before January 1, 1998, the department of correction shall screen all newly admitted inmates for drug use, assess where appropriate, and shall offer appropriate detoxification treatment, including methadone detoxification treatment, to all such inmates who test positive for opiate use. The commissioner shall screen, assess, and offer detoxification treatment to such other inmates as the commissioner determines to be appropriate. The commissioner shall, with the assistance of the department of mental health and addiction services, establish standards and protocols for screening, assessment, and detoxification treatment.

 Sec. 3. (NEW) (Pilot research program of methadone maintenance treatment for prisoners incarcerated for a short period of time.) (a) The commissioner of correction shall establish in a correctional facility in one of the three largest cities in the state and in York Correctional Institution, Niantic, a pilot research program of methadone maintenance treatment for every eligible opiate-dependent inmate. To be eligible, an inmate shall (1) request admission to the program, (2) meet the admission criteria established in subsection (b) of this section, and (3) be incarcerated on or after January 1, 1998, on a definite sentence of one year or less or be a pre-trial detainee incarcerated on or after January 1, 1998, who is charged with a misdemeanor. Convicted opiate-dependent inmates and opiate-dependent pre-trial detainees who do not meet the eligibility requirements of subdivision (3) of this subsection may be admitted to the program if they meet standards and protocols established by the commissioner under subsection (b) of this section. The program shall coordinate the person’s transfer to a community-based methadone maintenance treatment program on release from incarceration. Up to 500 treatment slots shall be available for the program. The commissioner shall increase the number of treatment slots as resources allow.

 (b) The commissioner shall, with the assistance of the department of mental health and addiction services and representatives of community-based methadone maintenance treatment programs, establish standards and protocols (1) for admission to, participation in, and retention in the program, including standards for admission for inmates who do not meet the eligibility requirements of subdivision (3) of subsection (a) of this section, (2) for treatment, including adequate levels of medication, social support, and mental health assessment and treatment, (3) for transfer to a community-based methadone treatment on release from incarceration, and (4) for evaluation of the program required in subsection (d) of this section.

 (c) The commissioner may contract with methadone treatment programs licensed in the state to operate the pilot research treatment program. The program shall provide for continuation of methadone treatment should an inmate in the program be transferred to a correctional facility where the pilot program is not located. The department of mental health and addiction services shall establish a statewide registry of program participants.

 (d) The pilot program shall include an evaluation component to monitor (1) the ability of the program to attract and retain participants, (2) the use of and retention in community-based methadone maintenance treatment by participants on release from incarceration, (3) reincarceration after release, and (4) other evaluation information that the commissioner considers appropriate. The commissioner shall, no later than January 1, 2000, submit a report evaluating the effectiveness of the program to the joint standing committees of the general assembly having cognizance of matters relating to criminal justice and public health.

 BILL NO. 3:

 AN ACT REQUIRING PARITY IN COVERAGE FOR SUBSTANCE ABUSE TREATMENT IN GROUP HEALTH INSURANCE POLICIES AND UNDER THE STATE MEDICAID PROGRAM

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

 Section 1. (NEW). (Equal coverage for substance abuse.) (a) The state Medicaid program, and every group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (6), (9), (11) and (12) of section 38a-469, as amended by section 9 of P.A. 96-227, shall provide coverage and benefits for substance abuse services and treatment on a par with medical or surgical services and treatments. As used in this section, "substance abuse services and treatment" includes, but is not limited to, screening, assessment, intervention, detoxification, short-term and long-term inpatient services, short-term and long-term outpatient services, family treatment, and methadone maintenance treatment for use of alcohol and drugs.

 (b) The provisions of this section shall apply to the state Medicaid program on or after January 1, 1998, and to each group health insurance policy of the type specified in subsection (a) of this section which is delivered, issued for delivery or renewed in this state on or after January 1, 1998.

 Sec. 2. Section 38a-533 (Group hospital or medical expense insurance policy coverage for treatment of alcoholism.) of the general statutes is repealed.

 BILL NO. 4:

 AN ACT REQUIRING STUDIES BY THE DEPARTMENT OF PUBLIC HEALTH RELATED TO SUBSTANCE ABUSE SCREENING AND INTERVENTION PROTOCOLS, AND TRAINING AND EDUCATION FOR CERTAIN HEALTH CARE PROFESSIONALS

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

 Section 1. (NEW). (Study of the development of substance abuse screening and intervention protocols.) (a) The department of public health shall, with the assistance of health care professionals and other appropriate parties, study issues related to the development of substance abuse screening and intervention protocols to be used for hospital admissions, including but not limited to admissions through the emergency room, and by primary care physicians in their practices. The study shall include, but shall not be limited to, ways to improve the effectiveness of section 19a-509e of the general statutes and to compensate hospitals and health care professionals providing such substance abuse screening and intervention to patients.

 (b) The department shall submit a report of its findings and recommendations, including recommended legislation, no later than January 1, 1998, to the joint standing committees of the general assembly having cognizance of matters related to criminal justice and to public health.

 Sec. 2. Section 20-10 (Licensure. Examination. Other requirements.) of the general statutes, as amended by sections 1 and 40 of P.A. 95-271, and sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 Except as provided in section 20-12, AS AMENDED BY SECTION 3 OF THIS ACT, no person shall receive a license under the provisions of section 20-13 until he files a statement with the department of public health [and addiction services] certifying that he: (1)(A) Is a graduate of a medical school located in the United States or Canada which is accredited by the liaison committee on medical education or (B) is a graduate of a medical school located outside the United States or Canada and has received the degree of doctor of medicine or its equivalent and satisfies educational requirements specified in regulations adopted pursuant to this chapter and has either (i) successfully completed all components of a "fifth pathway program" conducted by an American medical school accredited by the American Medical Association or (ii) received certification from the educational commission for foreign medical graduates; (2) has successfully completed not less than two years of progressive graduate medical training as a resident physician in a program accredited by the accreditation council for graduate medical education or an equivalent program approved by the board with the consent of the department, [and] (3) has passed an examination prescribed by the department of public health [and addiction services] with the advice and consent of the appropriate examining board, AND (4) HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. Examinations required under this section shall be administered by the department of public health [and addiction services] under the supervision of the appropriate examining board. Passing scores shall be established by said department with the consent of the appropriate examining board. The department may, under such regulations as the commissioner of public health [and addiction services] may adopt, with the advice and assistance of the appropriate board, deny eligibility for licensure to a graduate who has been found to have provided fraudulent or inaccurate documentation regarding either his school’s educational program or his academic credentials or to have failed to meet educational standards as prescribed in such regulations.

 Section 3. Section 20-12 (Licensure without examination. Temporary license to practice in state facility. Youth camp physicians.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 (a) Except as hereinafter provided, in lieu of the examination required in section 20-10, AS AMENDED BY SECTION 2 OF THIS ACT, the department may, under such regulations as the commissioner of public health [and addiction services], with advice and assistance from the appropriate board, may establish, UPON THE APPLICANT’S SUCCESSFUL COMPLETION OF TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, and upon receipt of four hundred fifty dollars, accept a license from the board of medical examiners of any state or territory of the United States or the District of Columbia or the Medical Council of Canada or of any agency in such jurisdictions authorized to issue licenses to practice medicine, provided the applicant obtained such license after an examination substantially similar to or of higher quality than that required for a license in this state, has met all the requirements of section 20-10, AS AMENDED BY SECTION 2 OF THIS ACT, except for examination and is a currently practicing, competent practitioner of good professional standing. The department may issue to an applicant approved without examination as hereinbefore provided a license to practice medicine and surgery.

 (b) Except as hereinafter provided, the department may, in its discretion, and on receipt of four hundred fifty dollars, likewise accept and approve, in lieu of the examination required in section 20-10, AS AMENDED BY SECTION 2 OF THIS ACT, a diploma of the National Board of Medical Examiners, subject to the same conditions as hereinbefore set forth for acceptance, in lieu of examination, of a license from a board of medical examiners of any state or territory of the United States or the District of Columbia or the Medical Council of Canada, and may issue to such diplomate a statement certifying to the fact that the person named therein has been found qualified to practice medicine and surgery.

 (c) In lieu of the examination required in section 20-10, AS AMENDED BY SECTION 2 OF THIS ACT, the department may, under such regulations as the commissioner of public health [and addiction services], with advice and assistance from the appropriate board, may establish, UPON THE APPLICANT’S SUCCESSFUL COMPLETION OF TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, and upon the receipt of one hundred fifty dollars, accept and approve the application of any physician for a temporary license to practice solely in any state facility, and issue such license, subject to the same conditions set forth in subsection (a) of this section for the acceptance of a license from another jurisdiction or the application of a person who has been a resident student in and a graduate of a medical school listed in the World Health Organization Directory, and has received the degree of doctor of medicine or other academic distinction that, in the judgment of such board, is equivalent to the degree of doctor of medicine from such a school and has completed an additional year of postgraduate experience subsequent to the receipt of said degree. Such temporary license shall not be issued for a period longer than twelve months. During the period such temporary license is in effect, such physician shall make application for an examination administered by the department under the supervision of the appropriate board.

 (d) No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint, OR TO ANY APPLICANT WHO HAS NOT SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. The department shall inform the boards established under sections 20-8 and 20-8a annually of the number of applications it receives for licensure under this section.

 (e) Any physician licensed in another state, whose standards for licensure are equivalent to or greater than those required in this state, may practice as a youth camp physician in this state without a license for a period not to exceed nine weeks.

 Sec. 4. Section 20-12b (Physician assistant license.) of the general statutes, as amended by sections 3 and 9 of P.A. 95-74, is repealed and the following is substituted in lieu thereof:

 (a) The department may, upon receipt of a fee of one hundred fifty dollars, issue a physician assistant license to an applicant who: (1) Holds a baccalaureate or higher degree in any field from a regionally accredited institution of higher education; (2) has graduated from an accredited physician assistant program; (3) has passed the certification examination of the national commission; (4) has satisfied the mandatory continuing medical education requirements of the national commission for current certification by such commission and has passed any examination or continued competency assessment the passage of which may be required by the national commission for maintenance of current certification by such commission; [and] (5) has completed not less than sixty hours of didactic instruction in pharmacology for physician assistant practice approved by the department; AND (6) HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT.

 (b) The department may, upon receipt of a fee of seventy-five dollars, issue a temporary permit to an applicant who (1) is a graduate of an accredited physician assistant program; (2) has completed not less than sixty hours of didactic instruction in pharmacology for physician assistant practice approved by the department; [and] (3) if applying for such permit on and after September 30, 1991, holds a baccalaureate or higher degree in any field from a regionally accredited institution of higher education; AND (4) HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. Such temporary permit shall authorize the holder to practice as a physician assistant only in those settings where the supervising physician is physically present on the premises and is immediately available to the physician assistant when needed, but shall not authorize the holder to prescribe or dispense drugs. Such temporary permit shall be valid from the date of issuance of same until the date of issuance of the results of the first certification examination scheduled by the national commission following the applicant's graduation from an accredited physician assistant program. Such permit shall become void and shall not be reissued in the event that the applicant fails to pass such examination. Violation of the restrictions on practice set forth in this subsection may constitute a basis for denial of licensure as a physician assistant.

(c) No license or temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint, OR WHO HAS NOT SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT.

 (d) No person shall practice as a physician assistant or represent himself as a physician assistant unless he holds a license or temporary permit pursuant to this section or training permit issued pursuant to section 2 of P.A. 95-74.

 Sec. 5. Section 20-17 (Licensure. Qualifications for examination.) of the general statutes, as amended by sections 9 and 40 of P.A. 95-271 and sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 No person shall engage in the practice of osteopathy until he has obtained a license from the department of public health [and addiction services] or until he has been issued a permit by the department of public health [and addiction services] in accordance with section 20-18a. No person shall receive a license until he has passed an examination prescribed by the department of public health [and addiction services] with the advice and consent of the osteopathic examining board, except as provided in section 20-18, AS AMENDED BY SECTIONS 10 AND 40 OF P.A. 95-271 AND BY SECTION 6 OF THIS ACT; [nor until] he has filed with said department a statement subscribed to by him, which shall be made upon a blank furnished by said department and shall set forth his name, age, place of birth, residence, the name of the osteopathic college or school of which he is a graduate and the date of graduation, with such other information as the blank form requires; AND HE HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. All applications to the department shall be in writing signed by the applicant and upon blanks furnished by the department, which shall set forth such facts concerning the applicant as the department requires. No person shall be eligible for examination under the provisions of this section unless the department finds, from evidence satisfactory to it, presented by the applicant, that he (1) has been a resident student in one or more osteopathic colleges or schools, approved by the board with the consent of the commissioner of public health [and addiction services], during not less than four graded courses of not less than thirty-two weeks each, and has received the degree of doctor of osteopathy therefrom; if a graduate from an approved osteopathic college or school subsequent to July 1, 1933, has, in addition, completed a course of study in chemistry, physics and biology equivalent to one college year in a college or scientific school approved by the board with the consent of said commissioner; and, if a graduate from an approved osteopathic college or school subsequent to July 1, 1947, has completed before beginning the study of osteopathy a course of study of two academic years of not less than thirty-two weeks’ duration each in a college or scientific school approved by the board with the consent of said commissioner, which course included the study of chemistry, physics and general biology; and (2) has successfully completed not less than two years of training as a resident physician in a program approved by the accreditation council for graduate medical education or approved by The American Osteopathic Association, or an equivalent program approved by the board with the consent of the department of public health [and addiction services]. Any person who has passed the prescribed examination shall, upon filing such statement as herein provided with the department of public health [and addiction services], receive from said department a license, which license shall include a statement that the person named therein is qualified to practice osteopathy. Passing scores for the examination required under this section shall be established by the department with the consent of the board. The department of public health [and addiction services] shall administer such examination under the supervision of the board.

 Sec. 6. Section 20-18 (Examination. Qualifications to practice without examination.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, and by sections 10 and 40 of P.A. 95-271, is repealed and the following is substituted in lieu thereof:

 (a) Any person who desires to practice osteopathy in this state shall make application to the department as provided for in section 20-17, AS AMENDED BY SECTION 5 OF THIS ACT. Upon receipt of such application, together with a fee of four hundred fifty dollars, AND UPON THE APPLICANT’S SUCCESSFUL COMPLETION OF TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, the department shall require the applicant to submit to an examination as to his qualifications to practice osteopathy, which examination shall include the subjects of anatomy, physiology, pathology, gynecology, obstetrics, biochemistry, surgery, public health, pharmacology and materia medica, diagnosis, therapeutics, osteopathic medicine and such other branches as are deemed advisable by the department with the advice and consent of the board, and are taught in colleges or schools of osteopathy approved by the board with the consent of the commissioner of public health [and addiction services], provided each applicant shall be notified in advance of the subjects in which he is to be examined. If THE APPLICANT SUCCESSFULLY COMPLETES TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, AND IF such examination is passed to the satisfaction of the department, [it] THE DEPARTMENT shall issue a license to such applicant.

 (b) Except as hereinafter provided, in lieu of the examination herein required and under such regulations as the commissioner of public health [and addiction services], with advice and assistance from the board, may establish and upon receipt of four hundred fifty dollars, the department may accept a license from any board or agency in any state or territory of the United States or the District of Columbia authorized to issue licenses to practice osteopathy or medicine, provided the applicant obtained such license after an examination substantially similar to, or of higher quality than that required for a license in this state, has received the degree of doctor of osteopathy from an osteopathic college or school approved by the board with the consent of said commissioner, has successfully completed not less than two years of training as a resident physician in a program approved by the accreditation council for graduate medical education or approved by The American Osteopathic Association or an equivalent program approved by the board with the consent of the department of public health [and addiction services], [and] is of good professional standing as determined by the department, AND HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. Except as hereinafter provided, the department, under such regulations as the commissioner of public health [and addiction services], with advice and assistance from the board, may prescribe and upon receipt of four hundred fifty dollars, likewise may accept and approve, in lieu of the examination herein required, a certificate of the National Board of Examiners for Osteopathic Physicians and Surgeons, subject to the same conditions as hereinbefore set forth for acceptance, in lieu of examination, of a license from any board or agency in any state or territory of the United States or the District of Columbia authorized to issue licenses to practice osteopathy or medicine. The department may issue to an applicant approved without examination as hereinbefore provided a license to practice osteopathy in this state. No license shall be issued under this subsection to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint, OR WHO HAS NOT SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. The department shall inform the board annually of the number of applications it receives for licensure under this subsection.

 Sec. 7. Section 20-93 (Qualifications for examination. Licensure. Fee.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following substituted in lieu thereof:

 Any person who shows to the satisfaction of the department that he or she holds a degree, diploma or certificate from an accredited institution evidencing satisfactory completion of a nursing program approved by said board with the consent of the commissioner of public health [and addiction services] shall be eligible for examination for licensure as a registered nurse upon payment of a fee of ninety dollars, the subjects of which examination shall be determined by said department with the advice and consent of the board. If such applicant passes such examination AND SUCCESSFULLY COMPLETES TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, said department shall issue to such applicant a license to practice nursing in this state.

 Section 8. Section 20-94 (Licensure without examination. Temporary permit.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 (a) Any licensed nurse registered in another state or territory which has licensure requirements that are substantially similar to or higher than those of this state shall be eligible for licensure in this state and entitled to a license without examination upon payment of a fee of ninety dollars. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint, OR WHO HAS NOT SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. The department shall inform the board annually of the number of applications it receives for licenses under this section.

 (b) The department of public health [and addiction services] may issue a temporary permit to an applicant for licensure without examination, upon receipt of a completed application form, accompanied by the fee for licensure without examination, a copy of a current license from another state or territory which has licensure requirements that are substantially similar to or higher than those of this state and a notarized affidavit attesting that said license is valid and belongs to the person requesting notarization. Such temporary permit shall be valid for a period not to exceed one hundred twenty calendar days and shall not be renewable.

 Sec. 9. Section 20-94a (Licensure as advanced practice registered nurse.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 (a) The department of public health [and addiction services] may issue an advanced practice registered nurse license to a person seeking to perform the activities described in subsection (b) of section 20-87a, upon receipt of a fee of one hundred dollars, to an applicant who satisfies the following requirements: (1) Is eligible for registered nurse licensure in this state, as provided by section 20-93 or 20-94, AS AMENDED BY SECTIONS 7 AND 8 OF THIS ACT; (2) holds and maintains current certification as either a nurse practitioner, a clinical nurse specialist, or a nurse anesthetist from one of the following national certifying bodies which certify nurses in advanced practice: The American Nurses’ Association, the Nurses’ Association of the American College of Obstetricians and Gynecologists Certification Corporation, the National Board of Pediatric Nurse Practitioners and Associates or the American Association of Nurse Anesthetists; (3) has completed thirty hours of education in pharmacology for advanced nursing practice; [and] (4) if first certified by one of the foregoing certifying bodies after December 31, 1994, holds a masters’ degree in nursing or in a related field recognized for certification as either a nurse practitioner, a clinical nurse specialist, or a nurse anesthetist by one of the foregoing certifying bodies; AND (5) HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint, OR WHO HAS NOT SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT.

 (b) During the period commencing January 1, 1990, and ending January 1, 1992, the department of public health [and addiction services] may in its discretion allow a registered nurse, who has been practicing as an advanced practice registered nurse in a nurse practitioner role and who is unable to obtain certification as a nurse practitioner by one of the national certifying bodies specified in subsection (a) of this section, to be licensed as an advanced practice registered nurse provided the individual:

 (1) Holds a current Connecticut license as a registered nurse pursuant to [this chapter] CHAPTER 378;

 (2) Presents the department with documentation of the reasons one of such national certifying bodies will not certify him as a nurse practitioner;

 (3) Has been in active practice as a nurse practitioner for at least five years in a facility licensed pursuant to section 19a-491, AS AMENDED BY SECTIONS 12 AND 69 OF P.A. 95-160;

 (4) Provides the department with documentation of his preparation as a nurse practitioner;

 (5) Provides the department with evidence of at least seventy-five contact hours, or its equivalent, of continuing education related to his nurse practitioner specialty in the preceding five calendar years;

 (6) Has completed thirty hours of education in pharmacology for advanced nursing practice;

 (7) Has his employer provide the department with a description of his practice setting, job description, and a plan for supervision by a licensed physician; 

(8) Notifies the department of each change of employment to a new setting where he will function as an advanced practice registered nurse and will be exercising prescriptive and dispensing privileges.

 (c) Any person who obtains a license pursuant to subsection (b) of this section shall be eligible to renew such license annually provided he presents the department with evidence that he received at least fifteen contact hours, or its equivalent, eight hours of which shall be in pharmacology, of continuing education related to his nurse practitioner specialty in the preceding licensure year. If an individual licensed pursuant to subsection (b) of this subsection becomes eligible at any time for certification as a nurse practitioner by one of the national certifying bodies specified in subsection (a) of this section, the individual shall apply for certification, and upon certification so notify the department, and apply to be licensed as an advanced practice registered nurse in accordance with subsection (a) of this section.

(d) A person who has received a license pursuant to this section shall be known as an "Advanced Practice Registered Nurse" and no other person shall assume such title or use the letters or figures which indicate that the person using the same is a licensed advanced practice registered nurse. 

Sec. 10. Section 20-96 (Licensure as practical nurse. Examinations.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 Any person who holds a certificate from a nursing program approved by said board with the consent of the commissioner of public health [and addiction services], which program consists of not less than twelve months’ instruction in the care of the sick as prescribed by said board, or its equivalent as determined by said board, shall be eligible for examination for licensure as a licensed practical nurse upon payment of a fee of seventy-five dollars. Such examination shall include such subjects as the department, with the advice and consent of the board, determines. If such applicant passes such examination AND HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, said department shall issue to such applicant a license to practice as a licensed practical nurse in this state.

 Sec. 11. Section 20-97 (Licensure without examination. Temporary permit.) of the general statutes, as amended by sections 21(a) and (b) and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 (a) Any person certified as a licensed practical nurse, or as a person entitled to perform similar services under a different designation, in another state whose requirements for certification in such capacity are substantially similar to or higher than those of this state, [and] who is a currently practicing competent practitioner, AND WHO HAS SUCCESSFULLY COMPLETED TRAINING RELATED TO SUBSTANCE ABUSE PREVENTION, DIAGNOSIS, AND TREATMENT, shall be eligible for licensure in this state and entitled to a license without examination upon payment of a fee of seventy-five dollars. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint. The department shall inform the board annually of the number of applications it receives for licenses under this section.

 (b) The department of public health [and addiction services] may issue a temporary permit to an applicant for licensure without examination, upon receipt of a completed application form, accompanied by the appropriate fee for licensure without examination, a copy of a current license from another state or territory which has licensure requirements that are substantially similar to or higher than those of this state and a notarized affidavit attesting that the license is valid and belongs to the person requesting notarization. Such temporary permit shall be valid for a period not to exceed one hundred twenty calendar days and shall not be renewable.

 Sec. 12. (NEW) (Substance abuse training standards.) The department of public health shall, no later than January 15, 1998, adopt regulations establishing minimum standards for substance abuse training required by section 20-10, as amended by section 2 of this act; section 20-12, as amended by section 3; section 20-12b, as amended by section 4; section 20-17, as amended by section 5; section 20-18, as amended by section 6; section 20-93, as amended by section 7; section 8, as amended by section 8; 20-94a, as amended by section 9; section 20-96, as amended by section 10; and section 20-97, as amended by section 11.

 Sec. 13. (NEW). (Study of the development of a continuing substance abuse education requirement for certain health care professionals.) (a) The department of public health shall, with the assistance of health care professionals and other appropriate parties, study issues related to the development of a continuing substance abuse education requirement for certain health care professionals. The study shall include, but shall not be limited to, the types of health care professionals who should be subject to the continuing education requirement, the frequency of the continuing education requirement, the means by which a health care professional could satisfy the continuing education requirement, and the range of appropriate discipline for failure to satisfy the continuing education requirement.

 (b) Not later than January 1, 1998, the department shall submit a report on its findings and recommendations, including recommended legislation, to the joint standing committees of the General Assembly having cognizance of matters related to criminal justice and to public health.

 Sec. 14. (NEW). (Substance abuse training for certain health care professionals.) Each health care professional initially licensed on or before December 31, 1998 under section 20-10, as amended by section 2 of this act; section 20-12, as amended by section 3; section 20-12b, as amended by section 4; section 20-17, as amended by section 5; section 20-18, as amended by section 6; section 20-93, as amended by section 7; section 8, as amended by section 8; 20-94a, as amended by section 9; section 20-96, as amended by section 10; and section 20-97, as amended by section 11, shall successfully complete training related to substance abuse prevention, diagnosis, and treatment within a five year period commencing upon the passage of this act.

 Sec. 15. (NEW). (Effective date.) The substance abuse training requirements for initial licensure, as set forth in sections 2 through 11 of this act, shall apply only to those applicants initially licensed on or after January 1, 1999.

 BILL NO. 5:

 AN ACT TO INCREASE FUNDING FOR RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS FOR OFFENDERS IN THE CRIMINAL JUSTICE SYSTEM

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

 There shall be appropriated $2,000,000 for additional residential substance abuse treatment for parolees and inmates released under the supervision of the department of correction and $2,000,000 for additional residential substance abuse treatment for offenders under the supervision of the office of alternative sanctions.

 BILL NO. 6:

 AN ACT REQUIRING CHANGES TO THE CERTIFICATE OF NEED PROGRAM AS IT RELATES TO SUBSTANCE ABUSE SERVICES

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

 Section 1. Section 19a-154 (Approval process re transfer of ownership or control prior to license; introduction of additional functions or services; decreases in services; increases in staffing. New or continuing operations requiring commission approval. Hearings on applications of a similar nature. Moratorium.) of the general statutes, as amended by sections 35, 39, 46 and 58 of P.A. 95-257, is repealed and the following is substituted in lieu thereof:

 (a) (1) Any health care facility or institution, as defined in subsection (a) of section 19a-490, AS AMENDED BY SECTIONS 63 AND 189 OF P.A. 95-79 AND BY SECTIONS 6 AND 34 OF P.A. 96-268, which intends to transfer all or part of its ownership or control prior to being initially licensed, except a home health agency, nursing home, home for the aged, rest home or residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded, shall submit to the office, prior to the proposed date of such transfer and in accordance with any schedule established by the office pursuant to subsection (c) of this section, a request for permission to undertake such transfer. (2) Any health care facility or institution or any state health care facility or institution, including any inpatient rehabilitation facility affiliated with the Easter Seal Society of Connecticut, Inc., but excluding a home health agency, nursing home, home for the aged, rest home or residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded, which intends to introduce any additional function or service into its program of health care, except a program of ambulatory services established and conducted by a health maintenance organization or any outpatient rehabilitation facility affiliated with the Easter Seal Society of Connecticut, Inc., shall submit to the office, prior to the proposed date of the institution of such function or service or increase in staff and in accordance with any schedule established by the office pursuant to subsection (c) of this section, a request for permission to undertake such function or service or increase its staff. (3) Any health care facility or institution or any state health care facility or institution except a home health agency, nursing home, home for the aged, rest home or residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded, which intends to terminate a health service offered by such facility or institution or decrease substantially its total bed capacity, shall submit to the office, prior to the proposed date of such termination or decrease and in accordance with any schedule established by the office pursuant to subsection (c) of this section, a request to undertake such termination or decrease. (4) An applicant, prior to submitting a certificate of need application, shall request in writing, application forms and instructions from the office. The request shall be known as a letter of intent. A letter of intent shall include: (A) The name of the applicant or applicants; (B) a statement indicating whether the application is for a new facility, service or function, expansion of an existing facility, service or function and any new or additional beds and their type; (C) the estimated capital cost; (D) the town where the project will be located; and (E) a brief description of the proposed project. No certificate of need application will be considered filed with the office unless a current letter of intent, specific to the proposal and in accordance with this subsection, has been on file with the office at least ninety days. A current letter of intent is a letter of intent which has been on file at the office no more than one hundred twenty days.

 (b) The office shall make such review of a request made pursuant to subdivision (1), (2) or (3) of subsection (a) of this section as it deems necessary, including, in the case of a proposed transfer of ownership or control prior to initial licensure, such factors as, but not limited to, the financial responsibility and business interests of the transferee and the ability of the institution to continue to provide needed services, or in the case of the introduction of an additional function or service, ascertaining the availability of such service or function at other inpatient rehabilitation facilities, health care facilities or institutions or state health care facilities or institutions within the area to be served, the need for such service or function within such area and any other factors which the office deems relevant to a determination of whether the facility or institution is justified in introducing such additional functions or services into its program or increasing its staff. The office shall grant, modify or deny such request within ninety days of the receipt thereof, except as provided for in this section. Upon the request of the applicant, the review period may be extended for an additional fifteen days if the office has requested additional information subsequent to the commencement of the office’s review period. The commissioner may extend the review period for a maximum of thirty days if the applicant has not filed in a timely manner information deemed necessary by the office. Failure of the office to act on such request within such review period shall be deemed approval thereof. The ninety-day review period, pursuant to this subsection, for an application filed by a hospital as defined in section 19a-490, AS AMENDED BY SECTIONS 63 AND 189 OF P.A. 95-79 AND BY SECTIONS 6 AND 34 OF P.A. 96-268, and licensed as a short-term acute-care general hospital or children’s hospital by the department of public health, shall not apply if, in the certificate of need application or request, the hospital projects that the implementation of such application or request will require future budget adjustments. Upon a showing by such facility or institution that the need for such function or service or increase in staff is of an emergency nature, in that the function or service or increase in staff is necessary to comply with requirements of any federal, state or local health, fire, building or life safety code the commissioner may waive the letter of intent requirement and the requirement that the request for such permission be submitted, in accordance with any schedule established by the office pursuant to subsection (c) of this section, provided such request shall be submitted at least ten business days before the proposed date of institution of the function or service.

 (c) In conducting its activities under this section and section 19a-155, AS AMENDED BY SECTION 2 OF THIS ACT, the office may hold hearings on applications of a similar nature at the same time. The office may adopt regulations in accordance with the provisions of chapter 54, to establish a schedule for the submission of such applications which (1) requires applications to be submitted in cycles that allow applications to be heard and reviewed at times when hospital budget reviews are not in progress, and (2) may provide for all completed applications pertaining to similar types of services, facilities or equipment affecting the same health service area to be considered in relation to each other and reviewed at least twice a year.

 (d) For the purposes of this section, construction shall be deemed to have begun if the following have occurred and the office has been notified in writing within the thirty days prior to the date by which construction is to begin: (1) All necessary town, state and federal approvals required to begin construction have been obtained, including all zoning and wetland approvals; (2) all necessary town and state permits required to begin construction or site work have been obtained; (3) financing approval, as defined in subsection (i) of this section, has been obtained; and (4) construction of a structure approved in the certificate of need has begun. For the purposes of this subsection, commencement of construction of a structure shall include, at a minimum, completion of a foundation. Notwithstanding the provisions of this subsection, upon receipt of an application filed at least thirty days prior to the date by which construction is to begin, the office may deem construction to have begun if (A) an owner of a certificate of need has fully complied with the provisions of subdivisions (1), (2) and (3) of this subsection; (B) such owner submits clear and convincing evidence that he has complied with the provisions of this subsection sufficiently to demonstrate a high probability that construction shall be completed in time to obtain licensure by the department of public health on or before the date required pursuant to subsection (d) of this section; (C) construction of a structure cannot begin due to unforeseeable circumstances beyond the control of the owner and (D) at least ten per cent of the approved total capital expenditure or two hundred fifty thousand dollars, whichever is greater, has been expended.

 (e) On and after March 1, 1993, financing shall be deemed to have been obtained for the purposes of this section if the owner of the certificate of need has (1) received a final commitment for financing in writing from a lender or (2) provided evidence to the office that the owner has sufficient funds available to construct the project without financing.

 (f) The general assembly finds evidence of insufficient need for all nursing home beds approved by the office but not yet constructed and finds allowing unnecessary beds and facilities to be built will result in severely damaging economic consequences to the state and to consumers. All certificates of need for nursing home beds granted pursuant to this section shall expire on June 9, 1993, except (1) beds for which an application for financing was received and deemed complete by the Connecticut Health and Educational Facilities Authority prior to March 1, 1993; (2) beds restricted to use by patients with acquired immune deficiency syndrome or traumatic brain injury; (3) beds associated with a continuing care facility which guarantees life care for its residents as defined in subsection (e) of this section; (4) beds authorized under a certificate of need for an addition of five beds in a facility which has undertaken the addition of ten beds pursuant to section 17b-351; and (5) beds for which twenty-five per cent of project costs have been expended prior to June 9, 1993, as submitted to the office in the form of a report prepared by a certified public accountant having no affiliation with the owner of the certificate of need or the developer of the project. A certificate of need which has expired pursuant to this subsection may be reauthorized by the office, provided need for nursing home beds exists and twenty per cent or more of the project costs have been expended by June 9, 1993. A request for reauthorization shall be submitted to the office no later than July 15, 1993. The office shall issue a decision on such request within forty-five days of receipt of documentation necessary to determine expended project costs. Project expenditures shall cease from June 9, 1993, until reauthorization by the office. Evidence of project costs expended shall be submitted in the form of a report prepared by a certified public accountant having no affiliation with the owner of the certificate of need or the developer of the project. For the purposes of this section, "need for nursing home beds" means there is a demonstrated bed need in the towns within twenty miles of the town in which the facility is proposed to be located, including the town of the proposed location, as listed in the March 1, 1974, official mileage table of the Public Utilities Commission. Bed need shall be projected no more than five years into the future at ninety-seven and one-half per cent occupancy using the latest official population projections by town and age as published by the office of policy and management and the latest available nursing home utilization statistics by age cohort from the department of public health. For the purposes of this subsection, "project costs" means the capital costs approved by the office in the certificate of need, exclusive of the cost of land acquisition. Owners of certificates of need for nursing home beds which have expired may apply to the commissioner of social services for compensation on or after June 29, 1993, but no later than September 1, 1993. Such compensation shall be limited to actual verifiable losses which directly result from the expiration of the certificate of need pursuant to this subsection and which cannot be otherwise recouped through the mitigating efforts of the owner, excluding consequential and incidental losses such as lost profits. Such compensation shall not exceed an amount approved by the office within the certificate of need unless the commissioner determines it is reasonable or cost-effective to compensate the excess amount. Notwithstanding any provision of this subsection, no compensation shall be provided to an owner of a certificate of need whose ability to implement the certificate of need is contingent on the outcome of a legal action taken against the owner until the owner obtains a final decision in his favor. An owner aggrieved by the amount of compensation determined by the commissioner may request a hearing in accordance with the provisions of sections 17b-61 and 17b-104, AS AMENDED BY P.A. 96-128. The commissioner may so compensate an owner of a certificate of need for nursing home beds who volunteers to relinquish such a certificate, provided the request for compensation is received by the commissioner prior to July 15, 1993. The commissioner shall notify such an owner as to whether he will be compensated within forty-five days from receipt of notice of voluntary relinquishment or forty-five days of June 29, 1993, whichever is later.

 (g) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, (1) A COMMUNITY AGENCY OPERATING A PROGRAM IN A STATE INSTITUTION OR FACILITY, (2) A NONPROFIT COMMUNITY AGENCY OPERATING A PROGRAM, IDENTIFIED AS CLOSING A SERVICE DELIVERY SYSTEM GAP IN THE STATE-WIDE SERVICE DELIVERY PLAN, IN A STATE INSTITUTION OR FACILITY AND RECEIVING FUNDS FROM THE DEPARTMENT OF PUBLIC HEALTH, (3) A NONPROFIT SUBSTANCE ABUSE TREATMENT FACILITY, IDENTIFIED AS CLOSING A SERVICE DELIVERY SYSTEM GAP IN THE STATE-WIDE SERVICE DELIVERY PLAN AND RECEIVING FUNDS FROM THE DEPARTMENT, OR (4) A PROVIDER OF SUBSTANCE ABUSE SERVICES OR TREATMENT, WITH RESPECT TO THE PROVISION OF SUCH SERVICES OR TREATMENT, SHALL NOT BE REQUIRED TO OBTAIN A CERTIFICATE OF NEED FROM THE OFFICE.

 Sec. 2. Section 19a-155 (Requests for approval of capital expenditures. Letter of intent. Capital programs of an emergency nature. Expedited hearing process. Waiver of hearing. Combining similar requests. Hearing on applications of a similar nature.) of the general statutes, as amended by sections 35, 39 and 47 of P.A. 95-257, and by sections 1 and 3 of P.A. 95-338, is repealed and the following is substituted in lieu thereof:

 (a) Except for (1) a program of ambulatory services established and conducted by a health maintenance organization, (2) any outpatient rehabilitation facility affiliated with the Easter Seal Society of Connecticut, Inc., (3) a home health agency or (4) a nursing home, home for the aged, rest home or residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded, any inpatient rehabilitation facility affiliated with the Easter Seal Society of Connecticut, Inc., any health care facility or institution or any state health care facility or institution proposing a capital expenditure exceeding one million dollars, or the acquisition of major medical equipment requiring a capital expenditure, as defined in regulations adopted pursuant to section 19a-160, in excess of four hundred thousand dollars, including the leasing of equipment or a facility, shall submit a request for approval of such expenditure to the office, with such data, information and plans as the office requires in advance of the proposed initiation date of such project and in accordance with any schedule established by the office pursuant to subsection (c) of this section. The office shall thereupon hold a public hearing with respect to such request, at least two weeks’ notice of which shall be given to the facility or institution by certified mail and to the public by publication in a newspaper having a substantial circulation in the area served by the facility or institution. The commissioner shall notify the commissioner of social services of any application that may impact on expenditures under the state medical assistance program. Such hearing shall be held at the discretion of the office in Hartford or in the area so served. The office shall consider such request in relation to the community or regional need for such capital program or purchase of land, the possible effect on the operating costs of the health care facility or institution and such other relevant factors as the office deems necessary. In approving or modifying such request, the commissioner may not prescribe any condition, such as but not limited to, any condition or limitation on the indebtedness of the facility or institution in connection with a bond issue, the principal amount of any bond issue or any other details or particulars related to the financing of such capital expenditure, not directly related to the scope of such capital program and within control of the facility or institution. An applicant, prior to submitting a certificate of need application, shall request in writing, application forms and instructions from the office. The request shall be known as a letter of intent. A letter of intent shall include: (A) The name of the applicant or applicants; (B) a statement indicating whether the application is for a new facility, service or function, expansion of an existing facility, service or function and any new or additional beds and their type; (C) the estimated capital cost; (D) the town where the project will be located; and (E) a brief description of the proposed project. No certificate of need application will be considered filed with the office unless a current letter of intent, specific to the proposal and in accordance with this subsection, has been on file with the office at least ninety days. A current letter of intent is a letter of intent which has been on file at the office no more than one hundred twenty days. Upon a showing by such facility or institution that the need for such capital program is of an emergency nature, in that the capital expenditure is necessary to comply with any federal, state or local health, fire, building or life safety code, the commissioner may waive the letter of intent requirement and the requirement that the request be submitted in accordance with any schedule established by the office pursuant to subsection (c) of this section and that a public hearing be held thereon, provided such request shall be submitted at least ten business days before the proposed initiation date of the project. The commissioner shall grant, modify or deny such request within ninety days or within ten business days, as the case may be, of receipt thereof, except as provided for in this section. Upon the request of the applicant, the review period may be extended for an additional fifteen days if the office has requested additional information subsequent to the commencement of the review period. The commissioner may extend the review period for a maximum of thirty days if the applicant has not filed in a timely manner, information deemed necessary by the office. Failure of the office to act thereon within such review period shall be deemed approval of such request. The ninety-day review period, pursuant to this section, for an application filed by a hospital as defined under section 19a-490, AS AMENDED BY SECTIONS 63 AND 189 OF P.A. 95-79 AND BY SECTIONS 6 AND 34 OF P.A. 96-268, and licensed as a short-term acute-care general hospital or a children's hospital by the department of public health, shall not apply if, in the certificate of need application or request, the hospital projects that the implementation of such application or request will require future budget adjustments. The office shall adopt regulations to establish an expedited hearing process to be used to review requests by any facility or institution for approval of a capital expenditure to establish an energy conservation program or to comply with requirements of any federal, state or local health, fire, building or life safety code. The office shall adopt regulations in accordance with the provisions of chapter 54 to provide for the waiver of a hearing, for any part of a request by a facility or institution for a capital expenditure, provided such facility or institution and the office agree upon such waiver.

 (b) Except as provided for in subsection (a) of this section, any person proposing to acquire imaging equipment requiring a capital expenditure, as defined in regulations adopted pursuant to section 19a-160, in excess of four hundred thousand dollars, including the leasing of such equipment and facility and including all capital expenditures, as defined in regulations adopted pursuant to said section, associated with the provision of the imaging service, which imaging equipment will not be owned by or located in a health care facility or institution, or state health care facility or institution, shall submit a request for approval of any such imaging equipment acquisition pursuant to the provisions of subsection (a) of this section.

 (c) Notwithstanding the provisions of section 19a-154, AS AMENDED BY SECTION 1 OF THIS ACT, or subsection (a) of this section, any community health center, as defined in section 19a-490a, shall not be subject to the provisions of said subsection if the community health center is: (1) proposing a capital expenditure not exceeding one million dollars and one-third or more of the cost of such project is financed by the state of Connecticut or (2) receiving funds from the department of public health and is located in an area designated by the federal health resources and services administration as a health professional shortage area, a medically underserved area or an area with a medically underserved population.

 (d) In conducting its activities under this section and section 19a-154, AS AMENDED BY SECTION 1 OF THIS ACT, the office may hold hearings on applications of a similar nature at the same time. The office may adopt regulations in accordance with the provisions of chapter 54, to establish a schedule for the submission of such applications which (1) requires applications to be submitted in cycles that allow applications to be heard and reviewed at times when hospital budget reviews are not in progress, and (2) may provide for all completed applications pertaining to similar types of services, facilities or equipment affecting the same health service area to be considered in relation to each other and reviewed at least twice a year.

 (e) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION AND EXCEPT FOR A SUBSTANCE ABUSE SERVICES OR TREATMENT PROVIDER MAKING CAPITAL EXPENDITURES TOTALING MORE THAN TWO MILLION DOLLARS, (1) A COMMUNITY AGENCY OPERATING A PROGRAM IN A STATE INSTITUTION OR FACILITY, (2) A NONPROFIT COMMUNITY AGENCY OPERATING A PROGRAM, IDENTIFIED AS CLOSING A SERVICE DELIVERY SYSTEM GAP IN THE STATE-WIDE SERVICE DELIVERY PLAN, IN A STATE INSTITUTION OR FACILITY, AND RECEIVING FUNDS FROM THE DEPARTMENT OF PUBLIC HEALTH, OR (3) A NONPROFIT SUBSTANCE ABUSE TREATMENT FACILITY, IDENTIFIED AS CLOSING A SERVICE DELIVERY SYSTEM GAP IN THE STATE-WIDE SERVICE DELIVERY PLAN AND RECEIVING FUNDS FROM THE DEPARTMENT, SHALL NOT BE REQUIRED TO OBTAIN A CERTIFICATE OF NEED FROM THE OFFICE.

 Sec. 3. Section 19a-5b (Programs and facilities exempt from certificate of need requirement.) of the general statutes, as amended by sections 21(b), 35 and 58 of P.A. 95-257, is repealed.

 

BILL NO. 7:

AN ACT EXEMPTING THE STATE FROM FEDERAL DENIAL OF CERTAIN SUPPORT BENEFITS

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

The state of Connecticut hereby exempts all individuals domiciled within this state from the application of Section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), as amended from time to time.

 

BILL NO. 8:

AN ACT CONCERNING POSSESSION OF NEEDLES AND SYRINGES

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

Section 1. Section 21a-65 (Sale of hypodermic needles and syringes restricted) of the general statutes is repealed and the following is substituted thereof:

(a) A licensed manufacturer or licensed wholesaler may sell hypodermic needles and syringes only to the following: (1) To a licensed manufacturer, licensed wholesaler or licensed pharmacy; (2) to a physician, osteopath, dentist, veterinarian, embalmer, podiatrist or scientific investigator licensed to practice his profession in this state; (3) to a person in charge of a care-giving institution, as defined in section 21a-301, incorporated college or scientific institution, but only for use by or in such care-giving institution, college or institution for medical or scientific purposes; (4) to a person in charge of a licensed or registered laboratory, but only for use in that laboratory for scientific and medical purposes; (5) to a farmer but only for use on his own animals or poultry; (6) to a business authorized in accordance with the regulations adopted under section 21a-66 to purchase hypodermic needles and syringes but only for legitimate industrial or medical use within that business, and (7) to a needle and syringe exchange program established pursuant to section 19a-124.

(b) Except as provided in subsection (a) of this section, no licensed manufacturer, licensed wholesaler or licensed pharmacist shall sell and no person shall buy a hypodermic needle or syringe except upon a prescription of a practitioner, as defined in section 20-184a, in a quantity greater than [ten] [ ]. Any such prescription shall be retained on file by the seller for a period of not less than three years and shall be accessible to any public officer engaged in the enforcement of this section. Such a prescription shall be valid for one year from the date thereof and purchases and sales may be made thereunder during such period, provided the seller shall confirm the continued need for such sales with such practitioner at least every six months if sales continue to be made thereunder. Hypodermic needles and syringes in a quantity of [ten] [ ] or less without a prescription may be provided or sold at retail only by the following: (1) By a pharmacy licensed in accordance with section 20-168 and in such pharmacy only by a licensed pharmacist or under his direct supervision; (2) by a needle exchange program established pursuant to section 19a-124; and (3) by a health care facility or a licensed health care practitioner for use by their own patients.

(c) At all locations where hypodermic needles and syringes are kept they shall be stored in a manner so as to be available only to authorized personnel and not be openly available to customers or patients. All used, disposable hypodermic needles and used, disposable syringes shall be destroyed. Destruction shall be conducted in a manner which renders such needles and syringes nonrecoverable. Used needles and syringes which have been discarded and are awaiting destruction shall be securely safeguarded or rendered nonreusable.

(d) Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

Sec. 2. Section 19a-124 (Needle and syringe exchange programs.) of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The department of public health and addiction services shall establish needle and syringe exchange programs in the health departments of the three cities having the highest total number of cases of acquired immunodeficiency syndrome among intravenous drug users as of December 31, 1991. The department shall establish with the assistance of the health departments of the cities selected for the programs, protocols in accordance with the provisions of subsection (b) of this section. The department and the city health departments shall evaluate the effectiveness of the programs based on the criteria specified by the department of public health and addiction services. The department may authorize similar programs in other areas of the state, as determined by the commissioner, through local health departments or other local organizations.

(b) The programs shall (1) be incorporated into existing acquired immunodeficiency syndrome prevention and outreach projects in the selected cities, (2) provide for free and anonymous exchanges of needles and syringes and provide that program participants receive an equal number of needles and syringes for those returned, up to a cap of [ten] [ ] syringes per exchange (3) offer education on the transmission of the human immunodeficiency virus and prevention measures and assist program participants in obtaining drug treatment services and (4) for the first year of operation of the program, require all needles and syringes to be marked and checked for return rates.

(c) The commissioner shall require programs to include an evaluation component during the first year of operation, to monitor (1) return rates of needles and syringes distributed, (2) behavioral change of program participants, such as needle sharing and the use of condoms, (3) program participation rates and the number of participants who are motivated to enter treatment as a result of the program and the status of their treatment and (4) the incidence of intravenous drug use to see if there is a change as a result of the program. The department shall establish evaluation and monitoring requirements to be applied to subsequent years of the programs.

(d) The health department of each city selected for a needle and syringe exchange program or the person conducting the program shall submit a report evaluating the effectiveness of the program to the department of public health and addiction services. The department shall compile all information received on the programs and report to the joint standing committees of the general assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies.

Sec. 3. Section 21a-240(20) (Definitions.) of the general statutes is repealed and the following is substituted in lieu thereof:

The following words and phrases, as used in this chapter, shall have the following meanings, unless the context otherwise requires:

(20) (A) "Drug paraphernalia" refers to equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing into the human body, any controlled substance contrary to the provisions of this chapter including, but not limited to: (i) Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (ii) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; (iii) isomerization devices used, intended for use in increasing the potency of any species of plant which is a controlled substance; (iv) testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances; (v) dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances; (vi) separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (vii) capsules and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; (viii) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; (ix) in a quantity greater than [ten] [ ] hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; (x) objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips: Meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs or ice pipes or chillers;

(B) "Factory" means any place used for the manufacturing, mixing, compounding, refining, processing, packaging, distributing, storing, keeping, holding, administering or assembling illegal substances contrary to the provisions of this chapter, or any building, rooms or location which contains equipment or paraphernalia used for this purpose;

 

BILL NO. 9:

AN ACT CONCERNING THE DEFINITION OF DRUG DEPENDENCE

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

Subdivisions (18) and (19) of section 21a-240 (Definitions.) of the general statutes are repealed and the following is substituted in lieu thereof:

(18) "Drug dependence" means a [state of physical or psychic dependence, or both, upon a controlled substance following administration of that controlled substance upon a repeated periodic or continuous basis except] 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." DRUG DEPENDENCE DOES NOT INCLUDE DEPENDENCE (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder, other than produced by the use of the controlled substance itself, or (B) upon amphetamine-type, ATARACTIC, barbiturate-type, hallucinogenic or other stimulant and depressant controlled substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than produced by the controlled substance itself.

(19) "Drug-dependent person" means [any] A person who has [developed a state of psychic or physical dependence, or both, upon a controlled substance following administration of that substance upon a repeated periodic or continuous basis] 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 person shall be classified as drug dependent who is dependent (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or (B) upon amphetamine-type, ATARACTIC, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence.

 

BILL NO. 10: 

AN ACT CONCERNING THE MEDICAL USE OF MARIJUANA.

Be is enacted by the Senate and House of Representatives convened:

Section 1. Section 21a-246 (License to manufacture, wholesale, supply, compound, etc. Exception. License fees. License to possess and supply marijuana.) of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [No] EXCEPT AS PROVIDED IN SECTION 21a-253, NO person within this state shall manufacture, wholesale, repackage, supply, compound, mix, cultivate or grow, or by other process produce or prepare, controlled substances without first obtaining a license to do so from the commissioner of consumer protection and no person within this state shall operate a laboratory for the purpose of research or analysis using controlled substances without first obtaining a license to do so from the commissioner of consumer protection; provided such activities by pharmacists or pharmacies in the filling and dispensing of prescriptions or activities incident thereto, or the dispensing or administering of controlled substances by dentists, osteopaths, podiatrists, physicians, veterinarians, or other persons acting under their supervision, in the treatment of patients shall not be subject to the provisions of this section, and provided laboratories for instruction in dentistry, medicine, nursing, pharmacy, pharmacology and pharmacognosy in institutions duly licensed for such purposes in this state shall not be subject to the provisions of this section except with respect to narcotic drugs and schedule I and II controlled substances. Upon application of any physician licensed pursuant to chapter 370, the commissioner of consumer protection shall without unnecessary delay, license such physician to possess and supply marijuana for the treatment of NEUROLOGICAL DISORDERS, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS), glaucoma or the side effects of chemotherapy. No person without this state shall sell or supply controlled substances within the state without first obtaining a license to do so from the commissioner of consumer protection, provided no such license shall be required of a manufacturer whose principal place of business is located outside the state and who is registered with the federal Drug Enforcement Agency or other federal agency, and who files a copy of such registration with the appropriate licensing authority under this chapter.

Sec. 2. Section 21a-253 (Possession of marijuana pursuant to a prescription or written recommendation by a physician.) of the general statutes is repealed and the following is substituted in lieu thereof:

 

(a) Any [person] PATIENT OR ANY CAREGIVER DESIGNATED IN ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION may possess, CULTIVATE, GROW, HARVEST or have under his control [a quantity of] marijuana [less than or equal to that quantity supplied to him] FOR THE PATIENT’S USE (1) pursuant to a prescription made in accordance with the provisions of section 21a-249 by a physician licensed under the provisions of chapter 370 and further authorized by subsection (a) of section 21a-246 by the commissioner of consumer protection to possess and supply marijuana for the treatment of NEUROLOGICAL DISORDERS, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS), glaucoma or the side effects of chemotherapy; OR (2) PURSUANT TO A WRITTEN RECOMMENDATION OF A LICENSED PHYSICIAN ISSUED IN ACCORDANCE WITH SUBSECTIONS (c) AND (d) OF THIS SECTION. NOTHING IN SECTION 21a-246, AS AMENDED BY SECTION 1 OF THIS ACT, AND SECTION 21a-253, AS AMENDED BY THIS SECTION, SHALL BE CONSTRUED AS A DEFENSE TO A CRIMINAL PROSECUTION FOR THE DIVERSION OF MARIJUANA FOR PURPOSES NOT AUTHORIZED IN THIS ACT.

 

(b) NO PATIENT OR CAREGIVER WHO HAS BEEN ISSUED A PRESCRIPTION MADE UNDER SUBSECTION (a) OF THIS SECTION OR A VALID WRITTEN RECOMMENDATION OF A PHYSICIAN MADE IN ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION SHALL BE HELD CRIMINALLY LIABLE (1) UNDER SECTIONS 21a- 277, 21a-278, 21a-278a, OR 21a-279 IF HE POSSESSES, CULTIVATES, GROWS, HARVESTS OR HAS UNDER HIS CONTROL MARIJUANA IN ACCORDANCE WITH THIS SECTION, (2) UNDER SECTION 21a-267(a) FOR USING OR POSSESSING WITH INTENT TO USE DRUG PARAPHERNALIA, AS DEFINED IN SECTION 21a-240, TO CULTIVATE, GROW, HARVEST, INGEST, INHALE, OTHERWISE INTRODUCE INTO THE HUMAN BODY MARIJUANA, OR (3) UNDER SECTION 21a-267(b) FOR DELIVERING, POSSESSING WITH INTENT TO DELIVER OR MANUFACTURING WITH INTENT TO DELIVER DRUG PARAPHERNALIA TO A PATIENT OR CAREGIVER WITH THE WRITTEN RECOMMENDATION OF A PHYSICIAN IN ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION.

 

(c) ANY PHYSICIAN LICENSED PURSUANT TO CHAPTER 370 MAY REGISTER WITH THE COMMISSIONER OF CONSUMER PROTECTION AND, UPON REGISTRATION, MAY ISSUE TO PATIENTS WRITTEN RECOMMENDATIONS FOR THE USE OF MARIJUANA FOR THE TREATMENT OF NEUROLOGICAL DISORDERS, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS), GLAUCOMA, OR THE SIDE EFFECTS OF CHEMOTHERAPY. THE COMMISSIONER SHALL MAINTAIN A CURRENT LIST OF PHYSICIANS REGISTERED UNDER THIS SUBSECTION. NO PHYSICIAN REGISTERED IN ACCORDANCE WITH THIS SUBSECTION SHALL BE CRIMINALLY LIABLE OR DENIED ANY RIGHT OR PRIVILEGE FOR RECOMMENDING THE USE OF MARIJUANA OR SUPPLYING MARIJUANA TO A PATIENT WHERE THE PHYSICIAN DETERMINES IN GOOD FAITH AND IN THE COURSE OF HIS PROFESSIONAL PRACTICE THAT: (1) THE PATIENT IS FACED WITH CLEAR AND IMMINENT HARM FROM A NEUROLOGICAL DISORDER, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS), GLAUCOMA, OR THE SIDE EFFECTS OF CHEMOTHERAPY; (2) THE USE OF MARIJUANA WOULD BE EFFECTIVE IN ABATING THE HARM; AND (3) NO ALTERNATIVE IS LEGALLY AVAILABLE THAT WOULD BE EQUALLY EFFECTIVE FOR THE PATIENT IN ABATING THE HARM.

 

(d) A RECOMMENDATION ISSUED BY A PHYSICIAN PURSUANT TO THIS SECTION SHALL: (1) BE IN WRITING, SIGNED BY THE RECOMMENDING PHYSICIAN AT THE TIME OF ISSUANCE, (2) IDENTIFY THE DISORDER FOR WHICH THE RECOMMENDATION IS BEING ISSUED; AND (3) COMPLY WITH SUBSECTIONS (a) AND (b) OF SECTION 21a-249. IF REQUESTED BY THE PATIENT AND IF THE PHYSICIAN BELIEVES IT TO BE NECESSARY, THE PHYSICIAN MAY DESIGNATE A CAREGIVER FOR THE PATIENT IN THE RECOMMENDATION. A CAREGIVER SHALL BE AN INDIVIDUAL WHO IS RESPONSIBLE FOR THE HOUSING, HEALTH, OR SAFETY OF THE PATIENT. A RECOMMENDATION SHALL BE VALID FOR SIX MONTHS AFTER ITS DATE OF ISSUANCE.

 

BILL NO. 11:

AN ACT CONCERNING A PILOT RESEARCH PROGRAM OF MEDICAL TREATMENT USING PHARMACEUTICAL HEROIN FOR CHRONIC OUT-OF-TREATMENT OPIATE-DEPENDENT PERSONS. 

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

(NEW) (a) On or before January 1, 1998, the department of mental health and addiction services shall establish, as a pilot research program, a pharmaceutical heroin maintenance treatment program to treat persons chronically dependent on opiates in the three cities having the highest incidence of human immunodeficiency virus or acquired immune deficiency syndrome among injecting drug users. The department shall, with the assistance of the department of public health and an advisory committee appointed by the department of mental health and addiction services, establish protocols for the pilot program in accordance with provisions of this act. The department shall appoint to the advisory committee representatives of the departments of mental health and addiction services and public health, community medical providers, and others the department considers appropriate to develop the protocols. The advisory committee shall also conduct an ongoing review of the pilot program. No more than 100 persons in each of the three cities may be in the pilot program.

(b) The pilot program shall (1) prescribe and dispense pharmaceutical heroin to participants for use only at clinic sites, (2) dispense methadone to participants when necessary, (3) provide education and counseling, (4) provide medical assistance, (5) be under the supervision and direction of a physician licensed to practice medicine in Connecticut and experienced in addiction medicine, (6) establish appropriate levels of confidentiality, (7) establish criteria for location of clinic sites, and (8) set other appropriate standards and protocols for admission to, participation in, and retention in the program. The standards and protocols shall be developed to limit inducement of persons to apply to the pilot program who have demonstrated periods of success in methadone maintenance treatment or other opiate dependence treatment programs.

(c) To be eligible for the program, a participant (1) shall be at least 20 years of age, (2) shall have at least two years of opiate dependence, (3) shall have failed at least two attempts at treatment for heroin dependence in treatment programs licensed or operated in the state of Connecticut, including detoxification, methadone maintenance, outpatient treatment, and residential treatment, (4) shall relinquish the privilege of operating a motor vehicle while participating in the program, (5) shall have clear evidence of psychological or health problems related to opiate use, and (6) shall agree to participate in the treatment, counseling and evaluation components of the program. The program shall give special consideration for admission to candidates who have human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS).

(d) The pilot program shall include an evaluation component in which the department shall monitor (1) the ability of the program to attract and retain participants, (2) reduction in illicit opiate use, (3) the status of their treatment in the pilot program, (4) changes in behavior, including HIV-related risk behavior, in physical health, in involvement with the criminal justice system, in employment, and in other social integration indicators, and (5) other evaluation information that the pilot program considers appropriate.

(e) The department shall, no later than January 1, 2000, submit a report evaluating the effectiveness of the program to the joint standing committees of the general assembly having cognizance of matters relating to criminal justice and public health.

(f) No program participant and no program employee may be criminally prosecuted for violation of chapter 420b of the general statutes for activities that conform with this act and with the rules of the program. The department of mental health and addiction shall obtain any necessary federal waivers for the pilot program.

 

BILL NO. 12:

AN ACT CONCERNING A DRUG DOCKET

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

Public Act No. 95-131 (Drug docket of the superior court.) is repealed and the following is substituted in lieu thereof:

(a) The chief court administrator shall [designate a court location in which a pilot program is to be established where there shall be] ESTABLISH IN ALL GEOGRAPHICAL AREA DIVISIONS OF THE JUDICIAL BRANCH, a docket separate from other criminal matters for the hearing of criminal matters in which a defendant is a drug-dependent person, as defined in section 21a-240 of the general statutes. The program shall be available to, but not be limited to, offenders who are sixteen to twenty-one years of age and who could benefit from placement in a substance abuse treatment program.

(b) The chief court administrator shall establish policies and procedures to implement [such pilot program and on or before January 1, 1997] THE CRIMINAL DOCKET FOR DRUG-DEPENDENT DEFENDANT AND shall report [recommendations for expansion of such program] ANNUALLY ON THE PROGRESS, SUCCESS, AND EFFICIENCY OF SUCH DOCKETS to the judiciary committee of the general assembly.

 

(c) NO DEFENDANT CHARGED WITH A VIOLATION OF SECTIONS 53a-54, 53a-92, OR 53a-134, OR ANY OTHER FELONY INVOLVING SERIOUS PHYSICAL INJURY SHALL BE ELIGIBLE TO HAVE HIS CASE TRANSFERRED TO THE DOCKET ESTABLISHED IN THIS ACT.

 

BILL NO. 13:

AN ACT CONCERNING PENALTIES FOR SALES OF DRUGS.

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

Section. 1. Section 21a-277. ([Penalty for] Illegal manufacture, distribution, sale, prescription, dispensing. PENALTIES.) is repealed and the following is substituted in lieu thereof:

(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, OR ONE KILOGRAM OR MORE OF A CANNABIS-TYPE SUBSTANCE, except as authorized in this chapter, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, except as authorized in this chapter, may, for a first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned.

(c) No person shall knowingly possess drug paraphernalia in a drug factory situation as defined by subdivision (2) of section 21a-240 for the unlawful mixing, compounding or otherwise preparing any controlled substance for purposes of violation of this chapter.

(d) As an alternative to the sentences specified in subsections (a) and (b) of this section, the court may sentence the person to the custody of the commissioner of correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the commissioner of correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the commissioner of correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

Sec. 2. Section 21a-278a (Penalty for illegal manufacture, distribution, sale, prescription, dispensing.) is repealed and the following is substituted in lieu thereof:

(a) Any person eighteen years of age or older who violates section 21a-277 [or 21a-278, and who is not, at the time of such action, a drug-dependent person] by distribution, selling, prescribing, dispensing, offering, giving or administering any controlled substance to another person who is under eighteen years of age and is at least two years younger than such person who is in violation of section 21a-277 [or 21a-278], shall be imprisoned for a term of two years, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 [or 21a-278].

(b) Any person who violates section 21a-277 [or 21a-278] by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place shall be imprisoned for a term of three years, which [shall not be suspended and] shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 [or 21a-278]. To constitute a violation of this subsection, an act of transporting or possessing a controlled substance shall be with intent to sell or dispense in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place. For the purposes of this subsection, "public housing project" means dwelling accommodations operated as a state or federally subsidized multifamily housing project by a housing authority, nonprofit corporation or municipal developer, as defined in section 8-39, pursuant to chapter 128 or by the Connecticut Housing Authority pursuant to chapter 129.

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

Sec. 3. Section 21a-278 (Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person.) is repealed.

 

BILL NO. 14:

AN ACT EXTENDING TREATMENT PROGRAMS TO NON-VIOLENT DRUG DEFENDANTS

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

Section 1. Section 54-56e (Accelerated pretrial rehabilitation.) of the general statutes is repealed and the following is substituted in lieu thereof:

 

(a) There shall be a pretrial program for accelerated rehabilitation of persons accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature. The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to an accused who, the court believes, will probably not offend in the future and who has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) of section 14-224 or section 14-227a and who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury that he has never had such program invoked in his behalf, provided the defendant shall agree thereto and provided notice has been given by the accused, on a form approved by rule of court, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. This section shall not be applicable to any person charged with a violation of section 14-227a, 53a-56b or 53a-60d, or to any person accused of a family violence crime as defined in section 46b-38a who (1) is eligible for the pretrial family violence education program established under section 46b-38c, or (2) has previously had the pretrial family violence education program invoked in his behalf. Unless good cause is shown, this section shall not be applicable to persons accused of a class A, class B or class C felony or to any youth who has previously been adjudged a youthful offender under the provisions of sections 54-76b to 54-76n, inclusive. Any defendant who enters such program shall pay to the court a participation fee of one hundred dollars. Any defendant who enters such program shall agree to the tolling of any statute of limitations with respect to such crime and to a waiver of his right to a speedy trial. Any such defendant shall appear in court and shall be released to the custody of the Office of Adult Probation for such period, not exceeding two years, and under such conditions as the court shall order. If the defendant refuses to accept, or, having accepted, violates such conditions, his case shall be brought to trial. If such defendant satisfactorily completes his period of probation, he may apply for dismissal of the charges against him and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for dismissal of the charges against him after satisfactorily completing his period of probation, the court, upon receipt of a report submitted by the office of adult probation that the defendant satisfactorily completed his period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a defendant who has completed his period of probation or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

 

(b) THE COURT MAY WAIVE THE INELIGIBILITY PROVISIONS CONTAINED IN SUBSECTION (a) RESPECTING PRIOR CHARGES, PRIOR CONVICTIONS OR PRIOR PARTICIPATION IN THIS PROGRAM IF THE COURT FINDS (1) THE DEFENDANT IS CHARGED WITH A VIOLATION OF SECTION 21a-279 OR 21a-267, AND SUCH CHARGE IS THE PRIMARY OR MOST SERIOUS CHARGE PENDING AGAINST THE DEFENDANT, AND (2) THE DEFENDANT IS LIKELY TO BENEFIT FROM DRUG EDUCATION OR TREATMENT. THE COURT SHALL REQUIRE ANY DEFENDANT ADMITTED TO THE PROGRAM UNDER THIS SUBSECTION TO COMPLETE AN APPROPRIATE PROGRAM OF DRUG EDUCATION OR TREATMENT AS A CONDITION OF THE PROGRAM.

 

(c) THE COURT MAY WAIVE THE INELIGIBILITY PROVISIONS CONTAINED IN SUBSECTION (a) RESPECTING PRIOR CHARGES, PRIOR CONVICTIONS OR PRIOR PARTICIPATION IN THIS PROGRAM IF THE COURT FINDS (1) THE DEFENDANT WAS A DRUG-DEPENDENT PERSON AT THE TIME OF THE ALLEGED CRIME, AS DEFINED IN SECTION 21a-240(19), AND (2) THE DEFENDANT’S CHARGED CONDUCT WAS LIKELY THE RESULT OF HIS DRUG DEPENDENCE. THE COURT SHALL REQUIRE ANY DEFENDANT ADMITTED TO THE PROGRAM UNDER THIS SUBSECTION TO COMPLETE AN APPROPRIATE PROGRAM OF DRUG EDUCATION OR TREATMENT AS A CONDITION OF THE PROGRAM. NO DEFENDANT MAY BE ADMITTED TO THE PROGRAM UNDER THIS SUBSECTION IF HIS CHARGED CONDUCT IS ALLEGED TO HAVE CAUSED THE DEATH OR SERIOUS INJURY OF A PERSON OTHER THAN THE DEFENDANT HIMSELF.

Sec. 2. Section 19a-127h (Court liaison program. Order of treatment for alcohol or drug dependency of convicted person.) of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The provisions of this section shall not apply to any person convicted of murder, attempt to commit murder, kidnaping, robbery in the first degree or any felony involving serious physical injury. [or to any person who has been previously ordered to be treated under this section or section 19a-387 or 21a-285 of the general statutes, revised to 1989.] NO PERSON WHO HAS BEEN PREVIOUSLY ORDERED TO BE TREATED UNDER THIS SECTION OR SECTION 19a-387 OR 21a-285 OF THE GENERAL STATUTES, REVISED TO 1989, IS ELIGIBLE FOR THE PROVISIONS OF THIS SECTION, EXCEPT THAT THE COURT MAY WAIVE THIS REQUIREMENT IF (1) THE PRIMARY OR MOST SERIOUS OFFENSE FOR WHICH THE DEFENDANT WAS CONVICTED IS SECTION 21a-279 OR 21a-267, OR (2) THE DEFENDANT WAS A DRUG DEPENDENT PERSON AT THE TIME OF THE OFFENSE, AS DEFINED IN SECTION 21a-240(19) AND THE OFFENSE WAS LIKELY THE RESULT OF THE DEFENDANT’S DRUG DEPENDENCE.

(b) Before sentencing a convicted person, the court may consider any information before it concerning the alcohol or drug dependency of the person, including an examination report made pursuant to section 19a-127c. The court may impose a sentence and order treatment as provided in subsection (c) of this section if the court finds that (1) the convicted person was an alcohol-dependent or drug-dependent person at the time of the crime for which he was convicted, (2) there was a relationship between the dependency and the crime, (3) the person presently needs and is likely to benefit from treatment for the dependency, (4) the person is not ineligible under subsection (a) of this section and (5) the person meets the criteria for probation under subsection (c) of section 53a-29.

(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 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 examining committee under section 19a-127c.

(d) The court may order that the person be transferred immediately to a treatment program provided space is available as provided in subsection (c) of this section. If the court orders an immediate transfer, it shall issue a mittimus directing the sheriff to convey the person to the treatment program.

(e) Time spent in a treatment program by a person pursuant to the provisions of this section shall not be credited against any sentence, the execution of which was suspended because of such treatment.

(f) Any violation of conditions set under this section shall be a violation of probation under section 53a-32.

(g) The provisions of this section shall not be construed to limit the application of any provision of the general statutes requiring mandatory minimum sentences and prohibiting probation for certain offenses.

Sec. 3. Section 54-76b (Youthful offenders: Definitions.) of the general statutes is repealed and the following is substituted in lieu thereof:

For the purpose of sections 54-76b to 54-76n, inclusive, "youth" means a minor who has reached the age of sixteen years but has not reached the age of eighteen years or a child who has been transferred to the regular criminal docket pursuant to subdivision (2) of subsection (a) of section 46b-127; and "youthful offender" means (A) a youth who is charged with the commission of a crime which is not a violation of section 53a-70a or a class A felony, who has not previously been convicted of a felony or been previously adjudged a youthful offender, or been afforded a pretrial program for accelerated rehabilitation under section 54-56e, and who is adjudged a youthful offender pursuant to the provisions of said sections, OR (B) A YOUTH AGAINST WHOM THE PRIMARY OR MOST SERIOUS CHARGE PENDING IS A VIOLATION OF SECTION 21a-279 OR SECTION 21a-267, OR (C) A YOUTH WHO WAS A DRUG DEPENDENT PERSON AT THE TIME OF THE OFFENSE CHARGED, AS DEFINED IN SECTION 21a-240(19), WHO IS CHARGED WITH THE COMMISSION OF A CRIME WHICH IS NOT A VIOLATION OF SECTION 53a-70a OR A CLASS A FELONY, AND WHOSE CHARGED OFFENSE WAS LIKELY THE RESULT OF HIS DRUG DEPENDENCE. The interstate compact on juveniles, except the provisions of article four thereof, shall apply to youthful offenders to the same extent as to minors below sixteen years of age.

 

BILL NO. 15:

AN ACT PROVIDING DRUG EDUCATION AND TREATMENT AS AN ALTERNATIVE TO PROSECUTION FOR ALLEGED MINOR DRUG OFFENDERS.

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

Sec. 53a-39c (Community service labor program.) of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established [, within available appropriations,] a PRETRIAL DRUG EDUCATION AND community service labor program for (1) persons charged with a violation of section 21a-279 OR 21a-267 OR (2) DRUG-DEPENDENT PERSONS CHARGED WITH A VIOLATION OF SECTION 21a-277 or 21a-278 [who have not previously been convicted of a violation of section 21a-277, 21a-278 or 21a-279].

 

(b) UPON APPLICATION BY ANY SUCH PERSON FOR PARTICIPATION IN THE PROGRAM, THE COURT SHALL, BUT ONLY AS TO THE PUBLIC, ORDER SUCH INFORMATION OR COMPLAINT TO BE FILED AS A SEALED INFORMATION OR COMPLAINT.

 

(c) A PERSON SHALL BE INELIGIBLE FOR PARTICIPATION IN THE PRETRIAL DRUG EDUCATION AND COMMUNITY SERVICE LABOR PROGRAM IF HIS ALLEGED VIOLATION OF 21a-279, 21a-267, 21a-277, OR 21a-278 OF THE GENERAL STATUTES CAUSED PHYSICAL INJURY TO OR THE DEATH OF ANOTHER PERSON.

 

(d) [Upon application by any such person for participation in such program, the] THE court, AFTER CONSIDERATION OF THE RECOMMENDATION OF THE PROSECUTING ATTORNEY IN CHARGE OF THE CASE, may, IN ITS DISCRETION, grant such application and [(1) if such person has not previously been placed in the community service labor program,] the court may either suspend prosecution and place such person in such program or, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30 [; or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30. No person may be placed in such program who has twice previously been placed in such program].

[(b)] (e) UPON CONFIRMATION OF ELIGIBILITY, THE PERSON SHALL BE REFERRED TO THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES FOR EVALUATION AND PLACEMENT IN AN APPROPRIATE DRUG PROGRAM FOR UP TO ONE YEAR. Any person for whom prosecution is suspended and who is placed in the community service labor program [pursuant to subsection (a) of this section] shall agree: (1) to the tolling of the statute of limitations with respect to [such] THE crime, (2) TO [and to] a waiver of his right to a speedy trial[.] (3) TO PARTICIPATE IN AT LEAST TEN MEETINGS OR COUNSELING SESSIONS IN A DRUG EDUCATION OR INTERVENTION PROGRAM PURSUANT TO THIS SECTION AND COMPLETE THE ASSIGNED PROGRAM, (4) TO ACCEPT PLACEMENT IN AN EDUCATION OR TREATMENT PROGRAM UPON RECOMMENDATION OF A PROVIDER UNDER CONTRACT WITH THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES PURSUANT TO SUBSECTION (i) 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 CONSIDERS IT APPROPRIATE, AND (5) TO PERFORM COMMUNITY SERVICE IN A PROGRAM DESIGNED BY THE OFFICE OF ALTERNATIVE SANCTIONS.

 

(f) If such person satisfactorily completes the program of DRUG EDUCATION OR TREATMENT AND community service labor to which he was assigned, he may apply for dismissal of the charges against him and the court, on reviewing the record of his participation in such program and on finding such satisfactory completion, shall dismiss the charges. IF THE PERSON DOES NOT APPLY FOR DISMISSAL OF THE CHARGES AGAINST HIM AFTER SATISFACTORILY COMPLETING THE ASSIGNED PROGRAM, THE COURT, UPON RECEIPT OF THE RECORD OF HIS PARTICIPATION IN THE PROGRAM SUBMITTED BY THE BAIL COMMISSION, MAY ON ITS OWN MOTION MAKE A FINDING OF SATISFACTORY COMPLETION AND DISMISS THE CHARGES. UPON MOTION OF THE PERSON AND A SHOWING OF GOOD CAUSE, THE COURT MAY EXTEND THE ONE-YEAR PLACEMENT PERIOD FOR A REASONABLE PERIOD FOR THE PERSON TO COMPLETE THE PROGRAM. A RECORD OF PARTICIPATION IN THE PROGRAM SHALL BE RETAINED BY THE BAIL COMMISSION FOR A PERIOD OF SEVEN YEARS FROM THE DATE OF APPLICATION.

 

(g) If the program provider certifies to the court that such person did not successfully complete the program of DRUG EDUCATION OR TREATMENT AND community service labor to which he was assigned or is no longer amenable to participation in such program, the court shall enter a plea of not guilty for such person and immediately place the case on the trial list.

 

(h) AT THE TIME THE COURT GRANTS THE APPLICATION FOR PARTICIPATION IN THE PRETRIAL DRUG EDUCATION AND COMMUNITY SERVICE LABOR PROGRAM, THE PERSON SHALL PAY TO THE COURT A NONREFUNDABLE PROGRAM FEE OF FOUR HUNDRED FIFTY DOLLARS, EXCEPT THAT NO PERSON MAY BE EXCLUDED FROM THE PROGRAM FOR INABILITY TO PAY, PROVIDED (1) THE PERSON FILES WITH THE COURT AN AFFIDAVIT OF INDIGENCE OR INABILITY TO PAY, (2) THE INDIGENCE IS CONFIRMED BY THE BAIL COMMISSION, AND (3) THE COURT ENTERS A FINDING THEREOF. IF THE COURT DENIES THE APPLICATION, THE PERSON SHALL BE REFUNDED THE PROGRAM FEE. IF THE COURT GRANTS THE APPLICATION, AND THE PERSON IS LATER DETERMINED INELIGIBLE FOR THE PROGRAM OR FAILS TO COMPLETE THE ASSIGNED PROGRAM, THE FOUR HUNDRED FIFTY DOLLAR FEE SHALL NOT BE REFUNDED. ALL PROGRAM FEES SHALL BE CREDITED TO THE GENERAL FUND.

 

(i) THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES SHALL CONTRACT WITH SERVICE PROVIDERS, DEVELOP STANDARDS AND OVERSEE PROGRAMS TO MEET THE REQUIREMENTS OF THIS SECTION, INCLUDING BUT NOT NECESSARILY LIMITED TO THE CREATION OF A DRUG EDUCATION PROGRAM APPROPRIATE FOR NON-DEPENDENT DRUG OFFENDERS. THE DEPARTMENT SHALL ADOPT REGULATIONS IN ACCORDANCE OF CHAPTER 54 OF THE GENERAL STATUTES TO ESTABLISH STANDARDS FOR THE DRUG PROGRAMS.

[(c)] (j) The period of participation [in a] community service [labor program] REQUIRED UNDER THE PRETRIAL DRUG EDUCATION AND COMMUNITY SERVICE LABOR PROGRAM shall be: (1) For a violation of subsection (a) of section 21a-279, fourteen days for a first violation and thirty days for [a second] ANY SUBSEQUENT violation; (2) for a violation of subsection (b) of section 21a-279, ten days for a first violation and twenty days for [a second] ANY SUBSEQUENT violation; (3) for a violation of subsection (c) of section 21a-279, two days for a first violation and ten days for [a second] ANY SUBSEQUENT violation; AND (4) FOR A VIOLATION OF SECTION 21a-277 OR 21a-278, TWENTY-ONE DAYS FOR A FIRST VIOLATION AND FORTY-FIVE DAYS FOR ANY SUBSEQUENT VIOLATION.

 

BILL NO. 16:

AN ACT CONCERNING THE POSSESSION OF DRUG RESIDUE

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

Section 21a-279 (Penalty for illegal possession. Alternative sentences.) of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who possesses or has under his control any WEIGHABLE quantity of any narcotic substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than seven years or be fined not more than fifty thousand dollars, or be both fined and imprisoned; and for a second offense, may be imprisoned not more than fifteen years or be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for any subsequent offense, may be imprisoned not more than twenty-five years or be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

(b) Any person who possesses or has under his control any WEIGHABLE quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned, and for a subsequent offense may be imprisoned not more than ten years or be fined not more than five thousand dollars or be both fined and imprisoned.

(c) Any person who possesses or has under his control any WEIGHABLE quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or who possesses or has under his control less than four ounces of a cannabis-type substance, WHICH SUBSTANCE CAN BE WEIGHED, except as authorized in this chapter, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned.

(d) Any person who violates subsection (a), (b) or (c) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place shall be imprisoned for a term of two years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a), (b) or (c) of this section.

(e) As an alternative to the sentences specified in subsections (a) and (b) and specified for a subsequent offense under subsection (c) of this section, the court may sentence the person to the custody of the commissioner of correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the commissioner of correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the commissioner of correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

(f) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniff or drink the volatile substances defined in subdivision (49) of section 21a-240.

 

BILL NO. 17:

ACT ESTABLISHING THE PENALTY OF INFRACTION FOR ADULTS POSSESSING SMALL AMOUNTS OF MARIJUANA.

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

Section 1. Section 21a-279 ( Penalty for illegal possession. Alternative sentences.) of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who possesses or has under his control any quantity of any narcotic substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than seven years or be fined not more than fifty thousand dollars, or be both fined and imprisoned; and for a second offense, may be imprisoned not more than fifteen years or be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for any subsequent offense, may be imprisoned not more than twenty-five years or be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

(b) Any person who possesses or has under his control any quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned, and for a subsequent offense may be imprisoned not more than ten years or be fined not more than five thousand dollars or be both fined and imprisoned.

(c) Any person who possesses or has under his control any quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER who possesses or has under his control MORE THAN ONE, BUT less than four ounces of a cannabis-type substance, OR ANY PERSON LESS THAN TWENTY-ONE YEARS OF AGE WHO POSSESSES OR HAS UNDER HIS CONTROL LESS THAN FOUR OUNCES OF CANNABIS-TYPE SUBSTANCE, except as authorized in this chapter, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned.

(d) EXCEPT AS AUTHORIZED IN CHAPTER 420b, NO PERSON TWENTY-ONE YEARS OF AGE OR OLDER SHALL POSSESS OR HAVE UNDER HIS CONTROL ONE OUNCE OR LESS OF CANNABIS-TYPE SUBSTANCE. VIOLATION OF THIS SUBSECTION SHALL BE AN INFRACTION.

(e) Any person who violates subsection (a), (b) or (c) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place shall be imprisoned for a term of two years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a), (b) or (c) of this section.

(f) As an alternative to the sentences specified in subsections (a) and (b) and specified for a subsequent offense under subsection (c) of this section, the court may sentence the person to the custody of the commissioner of correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the commissioner of correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the commissioner of correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

(g) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniff or drink the volatile substances defined in subdivision (49) of section 21a-240. 


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