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APPENDIX C

PUBLIC ACT 97-248, AN ACT CONCERNING SUBSTANCE ABUSE EDUCATION

AND TREATMENT PROGRAMS AND ESTABLISHING A CONNECTICUT

ALCOHOL AND DRUG POLICY COUNCIL


Substitute Senate Bill No. 1259

PUBLIC ACT NO. 97-248

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

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

Section 1. (NEW) (a) Not later than January 1, 1998, the Commissioner of Mental Health and Addiction Services may establish, within available appropriations, a pilot research program in one mental health region for the prescription of methadone or other federally-approved opiate-substitution or alternative therapies for opiate-dependent individuals by physicians who are licensed in this state, skilled in addiction medicine and associated with a methadone maintenance or other federally-approved opiate-substitution therapy treatment program. No pilot research program may be established under this section in a town that does not have an existing methadone maintenance or other federally-approved opiate-substitution or alternative therapy treatment program without the approval of the legislative body of such town. The Commissioner of Mental Health and Addiction Services shall, after consultation with the Commissioner of Public Health and an advisory committee appointed by the Commissioner of Mental Health and Addiction Services, establish protocols for the pilot research program in accordance with the provisions of this section. The Commissioner of Mental Health and Addiction Services shall appoint to such advisory committee representatives of the Department of Mental Health and Addiction Services, representatives of the Department of Public Health recommended by the Commissioner of Public Health, representatives of methadone maintenance and other federally-approved opiate-substitution therapy treatment programs, community medical providers and physicians skilled in addiction medicine, methadone patients or other opiate-substitution or alternative therapy patients or their representatives, and any other persons the Commissioner of Mental Health and Addiction Services considers appropriate to develop such protocols. The advisory committee shall also conduct an ongoing review of the pilot research program.

(b) The pilot research program shall (1) be incorporated into an existing methadone maintenance or other federally-approved opiate-substitution or alternative therapy treatment program, (2) provide services to patients at the location of such methadone maintenance or other opiate-substitution or alternative therapy treatment program or at a location separate from such program, (3) where the prescription of methadone or other opiate-substitution medication is part of the treatment, require such medication to be prescribed by a physician associated with such program and dispensed, as determined by such prescribing physician, by such physician, a pharmacy or the methadone maintenance or other opiate-substitution or alternative therapy treatment clinic, and (4) set other appropriate standards and protocols for the program consistent, where appropriate, with recommendations of the American Methadone Treatment Association, including protocols concerning the nature of the association a physician shall have with the treatment program, the qualifications of a participating physician, admission to, participation in, discharge from and retention in such program, transition of the patients to other programs and the methods for evaluating the program.

(c) Not later than January 1, 1999, and every six months thereafter, the Commissioner of Mental Health and Addiction Services shall submit a report evaluating the effectiveness of the program to the joint standing committees of the General Assembly having cognizance of matters relating to criminal justice and public health.

Sec. 2. (NEW) The Commissioner of Correction, in consultation with the Department of Mental Health and Addiction Services and the Judicial Department, shall review, evaluate and make recommendations concerning substance abuse detoxification and treatment programs for drug-dependent pretrial and sentenced inmates of correctional facilities and the reintegration of such inmates into the community. The commissioner shall examine various options for the detoxification and treatment of drug-dependent inmates including, but not limited to, methadone maintenance treatment and other therapies or treatments, and the reintegration of drug-dependent inmates into the community upon their release from incarceration, including the transfer of inmates to community-based methadone or other therapy or treatment programs. The commissioner shall report his findings and recommendations and submit a proposal for detoxification, treatment and reintegration programs including, if appropriate, the establishment of one or more pilot programs for methadone maintenance or other therapy or treatment for drug-dependent inmates to the General Assembly not later than February 1, 1998.

Sec. 3. (NEW) (a) There is established a Connecticut Alcohol and Drug Policy Council which shall be within the Office of Policy and Management for administrative purposes only.

(b) The council shall consist of the following members: (1) The Secretary of the Office of Policy and Management, or his designee; (2) the Commissioners of Children and Families, Correction, Education, Higher Education, Mental Health and Addiction Services, Public Health, Public Safety and Social Services and the Insurance Commissioner, or their designees; (3) the Chief Court Administrator, or his designee; (4) the chairman of the Board of Parole, or his designee; (5) the Chief State's Attorney, or his designee; (6) the Chief Public Defender, or his designee; and (7) the cochairpersons of the joint standing committees of the General Assembly having cognizance of matters relating to public health, criminal justice and the budgets of state agencies, or their designees. The Commissioner of Mental Health and Addiction Services shall be chairman of the council. The Office of Policy and Management shall, within available appropriations, provide staff for the council. The chairman of the council shall schedule the first meeting of the council to be held not later than October 1, 1997.

(c) The council shall review policies and practices of individual agencies and the Judicial Department concerning substance abuse treatment programs, substance abuse prevention services, the referral of persons to such programs and services, and criminal justice sanctions and programs and shall develop and coordinate a state-wide, interagency, integrated plan for such programs and services and criminal sanctions. On or before January fifteenth of each year, the council shall submit a report to the Governor and the General Assembly that evaluates the plan and recommends any proposed changes thereto. In the report submitted on or before January 15, 1998, the council shall report on the progress made by state agencies in implementing the recommendations of its predecessor, the Connecticut Alcohol and Drug Policy Council established by Executive Order Number 11A, set forth in its initial report dated February 25, 1997.

Sec. 4. (a) The joint standing committee of the General Assembly on public health shall conduct a study of issues related to the training of health care professionals in substance abuse diagnosis, treatment and prevention. Such study shall include, but not be limited to, an examination of (1) the establishment of a requirement that persons applying for licensure as health care professionals successfully complete training related to substance abuse issues as a condition of such licensure, (2) the establishment of a requirement that currently licensed health care professionals successfully complete training related to substance abuse issues within a specified time period, (3) the establishment of a requirement of continuing education in substance abuse issues for health care professionals, (4) the types of health care professionals who should be subject to any such training or continuing education requirements, (5) the frequency of such continuing education requirement, (6) the means by which a health care professional could satisfy the training or continuing education requirements, (7) disciplinary sanctions for health care professionals who fail to successfully complete such training or continuing education, and (8) the establishment by the Department of Public Health of minimum standards for such training or continuing education.

(b) Not later than January 1, 1998, the committee shall submit a report on its findings and recommendations, including any recommended legislation, to the General Assembly.

Sec. 5. Subdivisions (18) and (19) of section 21a-240 of the general statutes are repealed and the following is substituted in lieu thereof:

(18) "Drug dependence" means a [state of physical or psychic dependence, or both, upon a controlled substance following administration of that controlled substance upon a repeated periodic or continuous basis except (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder, other than produced by the use of the controlled substance itself, or (B) upon amphetamine-type, barbiturate-type, hallucinogenic or other stimulant and depressant controlled substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than produced by the controlled substance itself] PSYCHOACTIVE SUBSTANCE DEPENDENCE ON DRUGS AS THAT CONDITION IS DEFINED IN THE MOST RECENT EDITION OF THE "DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS" OF THE AMERICAN PSYCHIATRIC ASSOCIATION;

(19) "Drug-dependent person" means [any] A person who has [developed a state of psychic or physical dependence, or both, upon a controlled substance following administration of that substance upon a repeated periodic or continuous basis. No person shall be classified as drug dependent who is dependent (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or (B) upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence] A PSYCHOACTIVE SUBSTANCE DEPENDENCE ON DRUGS AS THAT CONDITION IS DEFINED IN THE MOST RECENT EDITION OF THE "DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS" OF THE AMERICAN PSYCHIATRIC ASSOCIATION.

Sec. 6. Section 51-181b of the general statutes is repealed and the following is substituted in lieu thereof:

[(a)] The Chief Court Administrator [shall designate a court location in which a pilot program is to be established where there shall be] MAY ESTABLISH IN ANY GEOGRAPHICAL AREA COURT LOCATION OR JUVENILE MATTERS COURT LOCATION a docket separate from other criminal OR JUVENILE matters for the hearing of criminal OR JUVENILE matters in which a defendant is a drug-dependent person, as defined in section 21a-240, AS AMENDED BY THIS ACT. The [program] DOCKET IN A GEOGRAPHICAL AREA COURT LOCATION shall be available to, but not be limited to, offenders who are sixteen to twenty-one years of age and who could benefit from placement in a substance abuse treatment program.

[(b) The Chief Court Administrator shall establish policies and procedures to implement such pilot program and on or before January 1, 1997, shall report recommendations for expansion of such program to the judiciary committee of the General Assembly.]

Sec. 7. (NEW) (a) Not later than October 1, 1997, but in no event sooner than the establishment of the pilot research drug education program under section 8 of this act, the Department of Mental Health and Addiction Services shall establish a pretrial drug education program for persons charged with a violation of section 21a-267 or subsection (c) of section 21a-279 of the general statutes.

(b) Upon application by any such person for participation in such program, the court shall, but only as to the public, order such information or complaint to be filed as a sealed information or complaint, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury, that he has never had such program invoked in his behalf. A person shall be ineligible for participation in such pretrial drug education program if he has previously participated in the drug education program established under this section or the pretrial community service labor program established under section 53a-39c of the general statutes, as amended by section 11 of this act.

(c) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, it shall refer such person to the Bail Commission for confirmation of the eligibility of the applicant.

(d) Upon confirmation of eligibility, such person shall be referred to the Department of Mental Health and Addiction Services by the Bail Commission for placement in the drug education program. Any person who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime; (2) to a waiver of his right to a speedy trial; and (3) to any conditions that may be established by the department concerning participation in the drug education program including conditions concerning participation in meetings or sessions of the program. The department shall require, as a condition of the assigned program, that such person participate in, and successfully complete, a community service labor program established under section 53a-39c of the general statutes, as amended by section 11 of this act, for a period of four days.

(e) If the Bail Commission informs the court that such person is ineligible for the program and the court makes a determination of ineligibility or if the program provider certifies to the court that such person did not successfully complete the assigned program, the court shall order the information or complaint to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

(f) If such person satisfactorily completes the assigned program, he may apply for dismissal of the charges against him and the court, on reviewing the record of his participation in such program submitted by the Bail Commission and on finding such satisfactory completion, shall dismiss the charges. If such person does not apply for dismissal of the charges against him after satisfactorily completing the assigned program, the court, upon receipt of the record of his participation in such program submitted by the Bail Commission, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of such person and a showing of good cause, the court may extend the placement period for a reasonable period for such person to complete the assigned program. A record of participation in such program shall be retained by the Bail Commission for a period of seven years from the date of application.

(g) At the time the court grants the application for participation in the pretrial drug education program, such person shall pay to the court a nonrefundable program fee of six hundred dollars, except that no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Bail Commission, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such person's ability to pay. If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application, and such person is later determined to be ineligible for participation in such pretrial drug education program or fails to complete the assigned program, the six-hundred-dollar program fee shall not be refunded. All such program fees shall be credited to the General Fund.

(h) The Department of Mental Health and Addiction Services shall develop standards and oversee appropriate drug education programs to meet the requirements of this section and may contract with service providers to provide such programs. The department shall adopt regulations in accordance with chapter 54 of the general statutes to establish standards for such drug education programs.

Sec. 8. (NEW) (a) Not later than October 1, 1997, the Department of Mental Health and Addiction Services, in consultation with the Department of Children and Families, shall establish, within available appropriations, a pilot research drug education program in one mental health region for parents or guardians of children in neglect cases where substance abuse is identified as a factor in such neglect but the person is not drug-dependent.

(b) If the Commissioner of Children and Families, in his investigation of the report of the neglect of a child, substantiates the report and determines that substance abuse by the parent or guardian of the child was a factor in such neglect, the department may refer such person for an evaluation. If the evaluation determines that the person is not drug-dependent but would benefit from a drug education program and the person resides in the mental health region where the pilot research drug education program has been established, the department may recommend that such person participate in such drug education program.

(c) Such person may apply to the Department of Mental Health and Addiction Services to participate in the drug education program established under this section. A person shall be ineligible to participate in such program if he has previously participated in the program or if he fails to meet any conditions established by the department for participation in the program. A person determined to be eligible for the program shall pay to the department a nonrefundable program fee of six hundred dollars, except that no person may be excluded from such program for inability to pay such fee provided such person files with the department an affidavit of indigency or inability to pay. The department may waive all or any portion of the fee depending on such person's ability to pay. All such program fees shall be credited to the General Fund.

(d) If such person satisfactorily completes the drug education program, the Department of Children and Families shall consider such satisfactory completion in evaluating the case.

(e) The Department of Mental Health and Addiction Services, in consultation with the Department of Children and Families, shall identify services which are deemed appropriate for adults, children and caregivers in households where the parent or guardian has been found eligible to participate in the drug education program established under this section and which services are directed at addressing the conditions, circumstances or associations that contributed to the neglect of a child, and shall recommend a plan to provide such services.

(f) The Department of Mental Health and Addiction Services, in consultation with the Department of Children and Families, shall develop standards and oversee appropriate drug education programs to meet the requirements of this section and may contract with service providers to provide such programs. The department shall adopt regulations in accordance with chapter 54 of the general statutes to establish standards for such drug education programs.

(g) The Department of Mental Health and Addiction Services shall, in consultation with the Department of Children and Families, submit a report to the General Assembly not later than February 15, 1998, evaluating the pilot research drug education program established under this section. Such report shall include, but not be limited to, the number of participants in such program, the number of participants who paid all or any portion of the participation fee or for whom the fee was waived, the number of neglect cases where the Commissioner of Children and Families determined that services of the department were no longer necessary after the parent or guardian participated in the program, the efficacy of the program and a plan to expand the program to a second mental health region by July 1, 1998. The department shall submit an additional report evaluating such programs not later than January 1, 1999, and annually thereafter.

Sec. 9. Subsection (a) of section 54-76j of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The court, upon the adjudication of any person as a youthful offender, may (1) commit the defendant, (2) impose a fine not exceeding one thousand dollars, (3) impose a sentence of conditional discharge or a sentence of unconditional discharge, (4) impose a sentence of community service, (5) impose a sentence to a term of imprisonment not greater than that authorized for the crime committed by the defendant, (6) impose sentence and suspend the execution of the sentence, entirely or after a period set by the court, [or] (7) order treatment pursuant to section [17a-656] 17a-699, OR (8) IF A CRIMINAL DOCKET FOR DRUG-DEPENDENT PERSONS HAS BEEN ESTABLISHED PURSUANT TO SECTION 51-181b, AS AMENDED BY THIS ACT, IN THE JUDICIAL DISTRICT IN WHICH THE DEFENDANT WAS ADJUDICATED A YOUTHFUL OFFENDER, TRANSFER THE SUPERVISION OF THE DEFENDANT TO THE COURT HANDLING SUCH DOCKET.

Sec. 10. Section 54-56e of the general statutes is repealed and the following is substituted in lieu thereof:

There shall be a pretrial program for accelerated rehabilitation of persons accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature. The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state's attorney or prosecuting attorney with respect to an accused who, the court believes, will probably not offend in the future, who has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) of section 14-224 or section 14-227a, who has not previously been adjudged a youthful offender under the provisions of sections 54-76b to 54-76n, inclusive, and who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury that he has never had such program invoked in his behalf, provided the defendant shall agree thereto and provided notice has been given by the accused, on a form approved by rule of court, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. This section shall not be applicable to any person charged with a class A or class B felony or a violation of section 14-227a, subdivision (2) of section 53-21, section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b or to any person accused of a family violence crime as defined in section 46b-38a who (1) is eligible for the pretrial family violence education program established under section 46b-38c, or (2) has previously had the pretrial family violence education program invoked in his behalf. Unless good cause is shown, this section shall not be applicable to any person charged with a class C felony. Any defendant who enters such program shall pay to the court a participation fee of one hundred dollars. Any defendant who enters such program shall agree to the tolling of any statute of limitations with respect to such crime and to a waiver of his right to a speedy trial. Any such defendant shall appear in court and shall, UNDER SUCH CONDITIONS AS THE COURT SHALL ORDER, be released to the custody of the Office of Adult Probation, [for such period, not exceeding two years, and under such conditions as the court shall order] EXCEPT THAT, IF A CRIMINAL DOCKET FOR DRUG-DEPENDENT PERSONS HAS BEEN ESTABLISHED PURSUANT TO SECTION 51-181b, AS AMENDED BY THIS ACT, IN THE JUDICIAL DISTRICT, SUCH DEFENDANT MAY BE TRANSFERRED, UNDER SUCH CONDITIONS AS THE COURT SHALL ORDER, TO THE COURT HANDLING SUCH DOCKET FOR SUPERVISION BY SUCH COURT. If the defendant refuses to accept, or, having accepted, violates such conditions, his case shall be brought to trial. THE PERIOD OF SUCH PROBATION OR SUPERVISION, OR BOTH, SHALL NOT EXCEED TWO YEARS. If the defendant has reached the age of sixteen years but has not reached [to] THE age of eighteen years, the court may order that as a condition of such probation the defendant be referred for services to a youth service bureau established pursuant to section 17a-39, provided the court finds, through an assessment by a youth service bureau or its designee, that the defendant is in need of and likely to benefit from such services. If [such] A defendant RELEASED TO THE CUSTODY OF THE OFFICE OF ADULT PROBATION satisfactorily completes his period of probation, he may apply for dismissal of the charges against him and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for dismissal of the charges against him after satisfactorily completing his period of probation, the court, upon receipt of a report submitted by the Office of Adult Probation that the defendant satisfactorily completed his period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. IF A DEFENDANT TRANSFERRED TO THE COURT HANDLING THE CRIMINAL DOCKET FOR DRUG-DEPENDENT PERSONS SATISFACTORILY COMPLETES HIS PERIOD OF SUPERVISION, THE COURT SHALL RELEASE THE DEFENDANT TO THE CUSTODY OF THE OFFICE OF ADULT PROBATION UNDER SUCH CONDITIONS AS THE COURT SHALL ORDER OR SHALL DISMISS SUCH CHARGES. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a defendant who has completed his period of probation OR SUPERVISION or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

Sec. 11. Section 53a-39c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established, within available appropriations, a community service labor program for persons charged with a violation of section 21a-279 who have not previously been convicted of a violation of section 21a-277, 21a-278 or 21a-279 OR PREVIOUSLY PARTICIPATED IN THE DRUG EDUCATION PROGRAM ESTABLISHED UNDER SECTION 7 OF THIS ACT. Upon application by any such person for participation in such program the court may grant such application and (1) if such person has not previously been placed in the community service labor program, the court may either suspend prosecution and place such person in such program or, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30; or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial where a term of imprisonment is part of a stated plea agreement, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30. No person may be placed in such program who has twice previously been placed in such program.

(b) Any person for whom prosecution is suspended and who is placed in the community service labor program pursuant to subsection (a) of this section shall agree to the tolling of the statute of limitations with respect to such crime and to a waiver of his right to a speedy trial. A PRETRIAL COMMUNITY SERVICE LABOR PROGRAM ESTABLISHED UNDER THIS SECTION FOR PERSONS FOR WHOM PROSECUTION IS SUSPENDED SHALL INCLUDE A DRUG EDUCATION COMPONENT. If such person satisfactorily completes the program of community service labor to which he was assigned, he may apply for dismissal of the charges against him and the court, on reviewing the record of his participation in such program and on finding such satisfactory completion, shall dismiss the charges. If the program provider certifies to the court that such person did not successfully complete the program of community service labor to which he was assigned or is no longer amenable to participation in such program, the court shall enter a plea of not guilty for such person and immediately place the case on the trial list.

(c) The period of participation in a community service labor program shall be: (1) For a violation of subsection (a) of section 21a-279, fourteen days for a first violation and thirty days for a second violation; (2) for a violation of subsection (b) of section 21a-279, ten days for a first violation and twenty days for a second violation; and (3) for a violation of subsection (c) of section 21a-279, two days for a first violation and ten days for a second violation.

Sec. 12. This act shall take effect July 1, 1997.

Approved June 27, 1997


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