Substitute Senate Bill No. 655
          Substitute Senate Bill No. 655

              PUBLIC ACT NO. 97-199


AN  ACT  CONCERNING   COMMUNITY  SERVICE  AND  THE
COMMUNITY COURT PILOT PROGRAM.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  53a-28  of  the  general
statutes is amended  by  adding  subsection (e) as
follows:
    (NEW)    (e)   When    granting    accelerated
rehabilitation or sentencing  a person to a period
of probation who  has  been  convicted  of  (1)  a
misdemeanor  that  did   not   involve   the  use,
attempted use or  threatened use of physical force
against another person  or  (2)  a  motor  vehicle
violation  for which  a  sentence  to  a  term  of
imprisonment  may  be  imposed,  the  court  shall
consider,  as a  condition  of  such  sentence  of
probation  or  as   a   condition  of  accelerated
rehabilitation,  ordering the  person  to  perform
community service in  the  community  in which the
offense  or  violation   occurred.  If  the  court
determines that community  service is appropriate,
such community service  may  be  implemented  by a
community  court established  in  accordance  with
section 2 of  this act if the offense is committed
within  the  jurisdiction  of  a  community  court
established by section 2 of this act.
    Sec.   2.   (NEW)    (a)   The   Chief   Court
Administrator shall designate  one  court location
in which a  community court pilot program is to be
established where there shall be a docket separate
from other criminal matters for the hearing of (1)
criminal matters which  are misdemeanor cases, (2)
misdemeanor  cases  transferred   by  the  housing
session of the  Superior Court, and (3) violations
of     municipal    ordinances     referred     by
municipalities, in accordance  with  policies  and
procedures   established  by   the   Chief   Court
Administrator.
    (b) The community  court  may accept transfers
and referrals of  cases  pursuant  to subdivisions
(1) and (2) of subsection (a) of this section. The
community   court  may   order   any   person   to
participate in a community service program, (1) if
the person has  not previously been placed in such
program, the court  may  suspend  prosecution  and
place such person  in such program or, upon a plea
of guilty without  trial,  suspend any sentence of
imprisonment  and  make   participation   in  such
program a condition  of  probation  or conditional
discharge in accordance with section 53a-30 of the
general statutes, as  amended by section 3 of this
act, or (2)  if  such  person  has previously been
placed in such program, the court may, upon a plea
of guilty without  trial,  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.
    (c)  Any  person   for   whom  prosecution  is
suspended  and who  is  placed  in  the  community
service program pursuant  to  subdivisions (1) and
(2) of 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.   If  the  program  monitor
certifies   to  the   court   that   such   person
successfully  completed  the   community   service
program, the court  shall  make  a finding of such
satisfactory completion and  dismiss  the charges.
If the program monitor certifies to the court that
such  person did  not  successfully  complete  the
community service program to which he was assigned
or is no  longer  amendable to participate in such
program, the court  shall  enter  a  plea  of  not
guilty for such  person  and  transfer the case to
the regular criminal  docket and immediately place
the case on  the  trial  list  except  that  cases
accepted  from the  housing  session  pursuant  to
subdivision (2) of  subsection  (a)  of  this  act
shall be returned to the housing session.
    (d) The community  court  may accept transfers
and   referrals   of   violations   of   municipal
ordinances under subdivision (3) of subsection (a)
of this section whether or not any such person has
been found guilty  of such violation prior to such
referral to community  court.  The community court
may order any  such  person  to  participate  in a
community  service program  up  to  a  maximum  of
twenty hours in lieu of, or in addition to, a fine
for  such  violation.   If   the  program  monitor
certifies   to  the   court   that   such   person
successfully  completed  the   community   service
program, the court  shall  make  a finding of such
satisfactory completion and dismiss the charges.
    (e)  The  Chief   Court   Administrator  shall
establish  policies and  procedures  to  implement
such pilot program  and  on  or  before January 1,
1998,  shall  report   recommendations   for   the
possible expansion to  two  additional pilot sites
to  the  judiciary   committee   of   the  General
Assembly.
    Sec. 3. Section 53a-30 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) When imposing  sentence  of  probation  or
conditional  discharge,  the   court   may,  as  a
condition  of  the   sentence,   order   that  the
defendant:  (1)  Work  faithfully  at  a  suitable
employment or faithfully  pursue a course of study
or of vocational  training that will equip him for
suitable  employment;  (2)   undergo   medical  or
psychiatric treatment and  remain  in  a specified
institution, when required  for  that purpose; (3)
support  his  dependents  and  meet  other  family
obligations; (4) make restitution of the fruits of
his offense or  make  restitution, in an amount he
can afford to pay or provide in a suitable manner,
for the loss  or  damage  caused  thereby  and the
court may fix the amount thereof and the manner of
performance; (5) if  a  minor, (A) reside with his
parents or in  a  suitable foster home, (B) attend
school, and (C)  contribute  to his own support in
any home or  foster home; (6) post a bond or other
security  for  the   performance  of  any  or  all
conditions imposed; (7) refrain from violating any
criminal law of  the  United States, this state or
any other state; (8) if convicted of a misdemeanor
or a felony,  other than a capital felony, a class
A  felony  or  a  violation  of  section  21a-278,
21a-278a, 53a-55, 53a-56,  53a-56b, 53a-57, 53a-58
or 53a-70b or  any  offense  for  which there is a
mandatory  minimum  sentence   which  may  not  be
suspended  or  reduced   by  the  court,  and  any
sentence of imprisonment is suspended, participate
in an alternate  incarceration program; (9) reside
in a residential community center or halfway house
approved by the  Commissioner  of  Correction, and
contribute to the cost incident to such residence;
(10) participate in a program of community service
labor in accordance  with  section  53a-39c;  (11)
PARTICIPATE IN A  PROGRAM  OF COMMUNITY SERVICE IN
ACCORDANCE WITH SECTION  2  OF  THIS  ACT; (12) if
convicted of a  violation  of  subdivision  (2) of
section 53-21, section  53a-70,  53a-70a, 53a-70b,
53a-71, 53a-72a or  53a-72b,  undergo  specialized
sexual offender treatment; [(12)] (13) satisfy any
other  conditions  reasonably   related   to   his
rehabilitation. The court  shall  cause  a copy of
any such order  to  be  delivered to the defendant
and to the probation officer, if any.
    (b) When a  defendant  has been sentenced to a
period of probation, the Office of Adult Probation
may require that  the defendant comply with any or
all conditions which  the court could have imposed
under subsection (a)  which  are  not inconsistent
with any condition actually imposed by the court.
    (c) At any time during the period of probation
or conditional discharge,  after  hearing  and for
good cause shown,  the court may modify or enlarge
the conditions, whether  originally imposed by the
court under this  section  or  otherwise,  and may
extend the period,  provided  the  original period
with any extensions  shall  not exceed the periods
authorized  by section  53a-29.  The  court  shall
cause a copy  of any such order to be delivered to
the defendant and  to  the  probation  officer, if
any.
    (d)  The  period   of   participation   in  an
alternate incarceration program, unless terminated
sooner, shall not  exceed  the period of probation
authorized  by  section   53a-29   or  two  years,
whichever is less.
    Sec. 4. On  or  before  February  1, 1998, the
Chief  Court Administrator  shall  report  to  the
joint standing committee  of  the General Assembly
having cognizance of matters relating to judiciary
the number of  persons  ordered  by  the community
court established pursuant  to  section  2 of this
act  to perform  community  service.  Such  report
shall   include  the   number   of   persons   who
successfully completed the  program, the number of
such persons who  failed  to successfully complete
the program and  shall specify such statistics for
persons  referred  to   the  community  court  for
violations of municipal ordinances.
    Sec. 5. Subsection (b) of section 7-148 of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (b) Powers granted  to  any municipality under
the general statutes  or by any charter or special
act, unless the charter or special act provides to
the contrary, shall be exercised by ordinance when
the exercise of such powers has the effect of:
    (1)  Establishing  rules   or  regulations  of
general municipal application,  the  violation  of
which may result  in  the  imposition of a fine or
other penalty INCLUDING  COMMUNITY SERVICE FOR NOT
MORE THAN TWENTY HOURS; or
    (2) Creating a  permanent local law of general
applicability.

Approved June 24, 1997