Substitute House Bill No. 5321
          Substitute House Bill No. 5321

               PUBLIC ACT NO. 98-81


AN ACT CONCERNING COURT OPERATIONS AND PROCEDURES,
VISITATION AND GRIEVANCE COMMITTEE DETERMINATIONS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. (NEW)  (a) For the purposes of this
section, "employees of  the  Judicial  Department"
shall  not include  employees  of  the  courts  of
probate   or   the    Public   Defender   Services
Commission,  and  "records"   shall   not  include
records maintained by the courts of probate or the
Public Defender Services Commission.
    (b) Notwithstanding any other provision of the
general  statutes,  employees   of   the  Judicial
Department  shall, in  the  performance  of  their
duties, have the  right  of  access to all records
maintained by the Judicial Department.
    Sec.  2.  Section   13a-103   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Whenever any town  fails  to  keep any highway
within such town  in good and sufficient repair or
whenever the selectmen  of any town fail to remove
or cause to  be removed any encroachments upon any
highway in such  town  or to make such alterations
or improvements therein  as  may  be  required  by
common  convenience  or  necessity,  the  superior
court for the  judicial  district  in  which  such
highway is located,  upon the written complaint of
six or more  citizens  of  this  state under oath,
after due inquiry made by it, shall appoint a time
and place when  and  where  all persons interested
may appear and be heard upon the propriety of such
repairs, or of  the removal of such encroachments,
or  of  the   making   of   such  alterations  and
improvements. [, and shall give notice thereof] IF
A TIME AND  PLACE FOR HEARING IS SET BY THE COURT,
THE CLERK SHALL  DELIVER  TO  THE  COMPLAINANTS OR
THEIR ATTORNEYS THE  DOCUMENTS  SET  FORTH IN THIS
SECTION FOR SERVICE  BY  A  PROPER OFFICER. NOTICE
SHALL BE GIVEN to the first selectman of such town
and to the  person  or  persons  maintaining  such
encroachments by causing  a true and attested copy
of  such complaint,  accompanied  with  a  summons
notifying such parties  of such time and place, to
be left with each of such parties, or at his usual
place of abode,  by  some  proper officer at least
six days inclusive  before  the  day appointed for
the hearing; but,  before  issuing  any summons on
such complaint, the  court  shall  require  of the
complainants a sufficient  bond  for  costs to the
adverse  parties and  may,  any  time  thereafter,
require further bond  for such costs. If the court
finds that such highway should be repaired or that
such encroachments should  be removed or that such
alterations and improvements  should  be  made, it
shall order the  selectmen  of  such town to cause
such highway to be repaired and such encroachments
to   be   removed   and   such   alterations   and
improvements to be  made,  and shall prescribe the
manner and extent  of  such  repairs  and  of  the
removal of such encroachments and of the making of
such alterations and  improvements  and  the  time
within which the  work shall be done, and may, for
reasonable  cause, extend  such  time.  The  court
shall  assess the  benefits  resulting  from  such
repairs  or  removal   of  encroachments  or  such
alterations and improvements  against  any  of the
parties to be benefited, including such town. Such
benefits as to  such  parties other than such town
may be collected  in the same manner as town taxes
are collected.
    Sec. 3. Section 14-140 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Any person  who  has  been  arrested by an
officer for a  violation  of  any provision of any
statute  relating  to   motor   vehicles   may  be
released,  upon  his  own  recognizance,  by  such
officer in his  discretion,  unless such violation
is of a  provision relating to driving while under
the influence of  intoxicating  liquor or drugs or
using a motor  vehicle  without  permission of the
owner  or  evading   responsibility  for  personal
injury or property damage or involves the death or
serious injury of  another,  in  which  cases such
person  shall  not   be   released   on   his  own
recognizance.
    (b) If any  person  so  arrested  or  summoned
wilfully fails to  appear  for any scheduled court
appearance at the  time  and place assigned, or if
any person charged  with  an  infraction involving
the use of  a  motor  vehicle,  or  with  a  motor
vehicle violation specified  in  section  51-164n,
fails to pay  the  fine  and  any  additional  fee
imposed or send  in  his plea of not guilty by the
answer date or  wilfully  fails  to appear for any
scheduled court appearance  which may be required,
a report of  such  failure  shall  be  sent to the
commissioner by the court having jurisdiction. The
provisions of this  section  shall  be extended to
any  nonresident owner  or  operator  of  a  motor
vehicle  residing  in   any   state,   the  proper
authorities of which  agree  with the commissioner
to revoke, until personal appearance to answer the
charge against him, his motor vehicle registration
certificate  or  operator's   license,   upon  his
failure  to  appear   for   any   scheduled  court
appearance.  ANY INFRACTIONS  OR  VIOLATIONS,  FOR
WHICH A REPORT  OF FAILURE TO APPEAR HAS BEEN SENT
TO THE COMMISSIONER  UNDER  THIS  SUBSECTION, THAT
HAVE  NOT OTHERWISE  BEEN  DISPOSED  OF  SHALL  BE
DISMISSED BY OPERATION  OF  LAW  SEVEN YEARS AFTER
SUCH REPORT WAS SENT.
    (c) The commissioner may enter into reciprocal
agreements with the  proper  authorities  of other
states, which agreements  may  include  provisions
for the suspension  or  revocation of licenses and
registrations of residents  and  nonresidents  who
fail to appear  for  trial  at  the time and place
assigned.
    (d) Any judgment  under  this section shall be
opened  upon the  payment  to  the  clerk  of  the
Superior Court of  a  fee  of  forty dollars. Such
filing fee may be waived by the court.
    (e) In addition,  the provisions of subsection
(b)  of  this  section  shall  apply  to  sections
29-322, 29-332, 29-339, 29-349 and 29-351.
    Sec. 4. Subsection (h) of section 51-61 of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (h) All records  of  the  proceedings taken on
the trial of  any action shall, within thirty days
after the action has been submitted, be filed with
the clerk OR THE CLERK'S DESIGNEE, except that for
the purpose of transcribing such records the court
reporter or monitor  may at any time withdraw them
for a reasonable time.
    Sec.  5.  Section   51-199   of   the  general
statutes, as amended  by  section  2 of public act
97-178,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) The Supreme  Court  shall  have  final and
conclusive  jurisdiction of  all  matters  brought
before it according  to  law,  and  may carry into
execution  all  its   judgments  and  decrees  and
institute rules of  practice  and  procedure as to
matters before it.
    (b)  The  following  matters  shall  be  taken
directly to the  Supreme  Court:  (1)  Any  matter
brought pursuant to  the  original jurisdiction of
the  Supreme Court  under  section  2  of  article
sixteen of the amendments to the Constitution; (2)
an appeal in  any  matter where the Superior Court
declares invalid a state statute or a provision of
the  state Constitution;  (3)  an  appeal  in  any
criminal  action  involving  a  conviction  for  a
capital felony, CLASS  A  FELONY, OR OTHER FELONY,
INCLUDING  ANY  PERSISTENT  OFFENDER  STATUS,  FOR
WHICH THE MAXIMUM  SENTENCE  WHICH  MAY BE IMPOSED
EXCEEDS TWENTY YEARS;  (4) review of a sentence of
death  pursuant  to   section   53a-46b;  (5)  any
election or primary dispute brought to the Supreme
Court pursuant to  section 9-323 or section 9-325;
(6) an appeal  of  any  reprimand  or censure of a
probate judge, pursuant to section 45a-65; (7) any
matter regarding judicial  removal  or  suspension
pursuant to section  51-51j;  (8) an appeal of any
decision of the  Judicial  Review Council pursuant
to section 51-51r;  (9)  any matter brought to the
Supreme Court pursuant  to  section  52-265a; (10)
writs of error,  pursuant  to  section 52-272; and
(11) any other matter as provided by law.
    (c) The Supreme Court may transfer to itself a
cause  in the  Appellate  Court.  Except  for  any
matter   brought   pursuant    to   its   original
jurisdiction under section 2 of article sixteen of
the amendments to  the  Constitution,  the Supreme
Court may transfer a cause or class of causes from
itself, including any  cause  or  class  of causes
pending on July  1,  1983, to the Appellate Court.
The court to  which  a  cause  is  transferred has
jurisdiction.
    Sec.  6.  Section   51-217a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  A  person  shall  be  excused  from  jury
service during the  jury year commencing September
1, [1987] 1999,  and  each  jury  year thereafter,
upon request of  that  person,  if during the next
[two]  THREE  preceding  JURY  years  such  person
appeared in a  court  for jury service and was not
excused from such jury service.
    (b) The court shall have authority to excuse a
juror  from  juror  service,  upon  a  finding  of
extreme hardship.
    Sec.  7.  Section   51-222a   of  the  general
statutes, as amended  by  section  6 of public act
97-200,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) Annually, upon  the  request  of  the Jury
Administrator, the Commissioner  of Motor Vehicles
shall  supply  the  Jury  Administrator  with  the
latest  updated file  of  licensed  motor  vehicle
operators for the  state.  Upon the request of the
Jury Administrator, the  Commissioner  of  Revenue
Services shall supply  the Jury Administrator with
the most recent  updated list of residents of this
state who have  a permanent place of abode in this
state and [are  subject  to  taxation  on personal
income under chapter  229]  WHO  FILED A RETURN ON
PERSONAL INCOME UNDER  CHAPTER 229 IN THE LAST TAX
YEAR, and the  Labor Commissioner shall supply the
Jury Administrator with  the  most  recent updated
list of residents of this state who are recipients
of unemployment compensation under chapter 567. In
addition,   upon   the   request   of   the   Jury
Administrator, the registrar  of  voters  of  each
town shall supply  a  list  of  all  electors from
their town, except  that in lieu of such list from
the registrar of  voters,  the  Jury Administrator
may obtain the list of all electors from a central
repository, or if  such list is not available, may
contract for the  creation  and  purchase  of such
list. The registrars of voters shall provide lists
of electors to  the  contractor  at the request of
the Jury Administrator.  The lists supplied to the
Jury Administrator under  this subsection shall be
in the format prescribed by the Jury Administrator
and shall include, at a minimum, the name, address
and, if available,  the  federal  Social  Security
number and date  of  birth  of each person on such
list or the reason for the unavailability.
    (b) The Jury  Administrator  shall  compile  a
list of names of electors, residents of this state
appearing  on the  most  recent  updated  list  of
operators of motor  vehicles  licensed pursuant to
chapter 246, residents  [subject  to  taxation  on
personal income under  chapter  229]  WHO  FILED A
RETURN ON PERSONAL INCOME UNDER CHAPTER 229 IN THE
LAST  TAX  YEAR  and  recipients  of  unemployment
compensation under chapter 567.
    (c)  Annually  the  Jury  Administrator  shall
combine the names  from  the  lists compiled under
subsection  (b)  of   this   section.   The   Jury
Administrator   shall  delete,   where   possible,
duplicate names in  order  to  insure  that  names
occurring on any  list  are  given  only  a single
chance to be selected.
    (d) The Jury  Administrator  shall  select, by
random  from the  list  compiled  as  provided  in
subsection (c) of  this  section,  the  number  of
names required by  section 51-220. These names for
each town in  the  state  and the names of persons
whose jury service was continued from the previous
jury year shall  constitute such town's final list
of prospective jurors  for  service  starting  the
next succeeding September. The final list for each
town shall contain  the name and street address of
each prospective juror.
    (e) If the  Jury  Administrator  determines at
any time that  there  is  a need to supplement the
number of names  on  the  final list of jurors for
each town within  a  judicial  district,  the Jury
Administrator, so far  as he is able, shall select
in proportion to  the  population of each town, by
random, from the  names  not  selected pursuant to
subsection (d) of  this  section  such  number  of
prospective jurors as he determines is necessary.
    Sec. 8. Subsection  (b)  of  section 52-174 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) In all actions for the recovery of damages
for personal injuries or death, pending on October
1, 1977, or  brought  thereafter, AND IN ALL COURT
PROCEEDINGS  IN  FAMILY   RELATIONS   MATTERS,  AS
DEFINED IN SECTION 46b-1, OR IN THE FAMILY SUPPORT
MAGISTRATE DIVISION, PENDING  ON  OCTOBER 1, 1998,
OR  BROUGHT  THEREAFTER,  any  party  offering  in
evidence a signed report and bill for treatment of
any  treating  physician,  dentist,  chiropractor,
osteopath,   natureopath,   physical    therapist,
podiatrist,   psychologist,   emergency    medical
technician or optometrist  may have the report and
bill admitted into  evidence  as  a business entry
and it shall be presumed that the signature on the
report is that of the treating physician, dentist,
chiropractor,  osteopath,  natureopath,   physical
therapist,  podiatrist,  psychologist,   emergency
medical technician or  optometrist  and  that  the
report and bill  were  made in the ordinary course
of business. The use of any such report or bill in
lieu of the  testimony of such treating physician,
dentist,  chiropractor,  osteopath,   natureopath,
physical   therapist,  podiatrist,   psychologist,
emergency medical technician  or optometrist shall
not give rise  to any adverse inference concerning
the  testimony  or   lack  of  testimony  of  such
treating    physician,   dentist,    chiropractor,
osteopath,   natureopath,   physical    therapist,
podiatrist,   psychologist,   emergency    medical
technician or optometrist.
    Sec. 9. Section 54-76c of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    In any case  where an information or complaint
has  been  laid  charging  a  defendant  with  the
commission of a  crime,  and where it appears that
the defendant is  a  youth,  upon  motion  of  the
defendant, his counsel,  the  state's  attorney or
the prosecuting attorney,  as  the case may be, to
the   court   having    jurisdiction    that    an
investigation be made  of  such  defendant for the
purpose of determining  whether  he is eligible to
be adjudged a  youthful offender, the court shall,
but only as to the public, order [such information
or complaint to  be  filed as a sealed information
or complaint] THE  COURT FILE SEALED. The court on
its own motion  may,  but  only  as to the public,
order the [information  or  complaint]  COURT FILE
sealed in the case of a youth charged with crime.
    Sec.  10.  Section   54-76l   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The  records  of  any  youth  adjudged  a
youthful    offender,   including    fingerprints,
photographs and physical  descriptions,  shall  be
confidential  and shall  not  be  open  to  public
inspection or be  disclosed  except as provided in
this section, but  such  fingerprints, photographs
and physical descriptions  submitted  to the State
Police Bureau of Identification of the Division of
State  Police  within  the  Department  of  Public
Safety at the  time  of  the  arrest  of  a person
subsequently adjudged a youthful offender shall be
retained as confidential  matter  in  the files of
such bureau, and  be  opened to inspection only as
hereinafter   provided.  Other   data   ordinarily
received by such  bureau,  with  regard to persons
arrested for a  crime,  shall  be forwarded to the
bureau  to  be   filed,   in   addition   to   the
fingerprints,     photographs     and     physical
descriptions as mentioned  above,  and be retained
in the division  as confidential information, open
to inspection only as hereinafter provided.
    (b)  The  records  of  any  youth  adjudged  a
youthful offender, or  any  part  thereof,  may be
disclosed to and between individuals and agencies,
and employees of such agencies, providing services
directly to the  youth  including  law enforcement
officials,   state   and   federal   prosecutorial
officials,  school officials  in  accordance  with
section 10-233h, court  officials, the Division of
Criminal Justice, the  Office  of Adult Probation,
the Office of  the  Bail  Commission, the Board of
Parole  and  an  advocate  appointed  pursuant  to
section 54-221 for  a  victim of a crime committed
by the youth. Such records shall ALSO be available
to the attorney representing the [child] YOUTH, IN
ANY  PROCEEDINGS  IN   WHICH   SUCH   RECORDS  ARE
RELEVANT, TO his  parents  or guardian, UNTIL SUCH
TIME AS THE  YOUTH  REACHES THE AGE OF MAJORITY OR
IS  EMANCIPATED,  AND   TO   THE  YOUTH  UPON  HIS
ATTAINMENT OF THE  AGE OF MAJORITY, PROVIDED PROOF
OF THE IDENTITY  OF  SUCH  YOUTH  IS  SUBMITTED IN
ACCORDANCE WITH GUIDELINES PRESCRIBED BY THE CHIEF
COURT   ADMINISTRATOR.  Such   records   disclosed
pursuant to this  subsection  shall not be further
disclosed.
    (c)  The  records  of  any  youth  adjudged  a
youthful offender, or  any  part  thereof,  may be
disclosed upon order  of  the  court to any person
who has a  legitimate  interest in the information
and  is  identified  in  such  order.  Records  or
information disclosed pursuant  to this subsection
shall not be further disclosed.
    (d)  The  records  of  any  youth  adjudged  a
youthful offender, or  any  part thereof, shall be
available to the  victim of the crime committed by
such youth to the same extent as the record of the
case of a  defendant  in  a criminal proceeding in
the regular criminal  docket of the Superior Court
is available to a victim of the crime committed by
such  defendant.  The  court  shall  designate  an
official from whom  such  victim  may request such
information.  Information  disclosed  pursuant  to
this subsection shall not be further disclosed.
    (e) Any reports  and  files held by the Office
of Adult Probation  regarding any youth adjudged a
youthful offender may  be  disclosed to the Office
of  the  Bail   Commission   for  the  purpose  of
performing the duties contained in section 54-63b.
    Sec.  11.  Section   54-56g   of  the  general
statutes, as amended  by  section 14 of public act
97-309 and section  32  of  public act 97-8 of the
June  18 special  session,  is  repealed  and  the
following is substituted in lieu thereof:
    (a)  There  shall   be   a   pretrial  alcohol
education  system  for   persons  charged  with  a
violation of section  14-227a. Upon application by
any such person  for  participation in such system
and payment to  the court of an application fee of
fifty dollars, the court shall, but only as to the
public, order [such information or complaint to be
filed as a  sealed  information  or complaint] THE
COURT FILE SEALED,  provided  such  person  states
under oath, in  open  court  or  before any person
designated by the  clerk  and  duly  authorized to
administer oaths, under  penalties of perjury that
he has never had such system invoked in his behalf
and that he  has not been convicted of a violation
of section 53a-56b  or  53a-60d,  a  violation  of
subsection (a) of  section 14-227a before or after
October 1, 1981, or a violation of subdivision (1)
or (2) of  subsection (a) of section 14-227a on or
after October 1,  1985,  and  that he has not been
convicted in any  other  state  at  any time of an
offense  the  essential   elements  of  which  are
substantially  the  same  as  section  53a-56b  or
53a-60d or subdivision  (1)  or  (2) of subsection
(a)  of section  14-227a.  Unless  good  cause  is
shown,   a  person   shall   be   ineligible   for
participation in such  pretrial  alcohol education
system if his alleged violation of section 14-227a
caused the serious  physical injury, as defined in
section 53a-3, of  another person. The fee imposed
by  this  subsection  shall  be  credited  to  the
Criminal Injuries Compensation Fund established by
section 54-215.
    (b)  The court,  after  consideration  of  the
recommendation of the  state's attorney, assistant
state's  attorney  or   deputy  assistant  state's
attorney  in charge  of  the  case,  may,  in  its
discretion, grant such  application.  If the court
grants  such  application,  it  shall  refer  such
person to the  Bail  Commission for assessment and
confirmation of the  eligibility of the applicant.
The Bail Commission,  in making its assessment and
confirmation, may rely on the representations made
by the applicant  under  oath  in  open court with
respect to convictions in other states of offenses
specified in subsection  (a) of this section. Upon
confirmation of eligibility,  the  defendant shall
be referred to the Department of Mental Health and
Addiction  Services by  the  Bail  Commission  for
evaluation and placement in an appropriate alcohol
program for one  year.  Any  person who enters the
system shall agree:  (1)  To  the  tolling  of the
statute of limitations with respect to such crime,
(2) to a  waiver  of  his right to a speedy trial,
(3) to participate  in  at  least  ten  counseling
sessions in an  alcohol  program  pursuant to this
section and complete the assigned program, and (4)
to accept placement  in  a  treatment program upon
recommendation of a  provider  under contract with
the  Department of  Mental  Health  and  Addiction
Services  pursuant  to   subsection  (d)  of  this
section or placement  in a treatment program which
has standards substantially  similar to, or higher
than, a program  of a provider under contract with
the  Department of  Mental  Health  and  Addiction
Services  if  the   Bail   Commission   deems   it
appropriate. The suspension  of  the motor vehicle
operator's license of  any such person pursuant to
section  14-227b shall  be  effective  during  the
period  such  person   is  participating  in  such
program,  provided  such  person  shall  have  the
option of not commencing the participation in such
program until the  period  of  such  suspension is
completed.  If the  Bail  Commission  informs  the
court that the  defendant  is  ineligible  for the
system and the  court  makes  a  determination  of
ineligibility or if the program provider certifies
to  the  court   that   the   defendant   did  not
successfully complete the  assigned  program or is
no longer amenable  to  treatment, the court shall
order the [information or complaint] COURT FILE to
be unsealed, enter  a  plea of not guilty for such
defendant and immediately  place  the  case on the
trial  list.  If   such  defendant  satisfactorily
completes the assigned  program  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  the
defendant 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
the defendant and  a  showing  of  good cause, the
court may extend the one-year placement period for
a reasonable period  for the defendant to complete
the assigned program. A record of participation in
such  program  shall   be  retained  by  the  Bail
Commission for a  period  of  seven years from the
date of application.  The  Bail  Commission  shall
transmit to the  Department  of  Motor  Vehicles a
record of participation  in  such program for each
person who satisfactorily  completes such program.
The Department of  Motor  Vehicles  shall maintain
for a period  of  seven  years  the  record  of  a
person's participation in  such program as part of
such person's driving record.
    (c)  At  the   time   the   court  grants  the
application  for  participation  in  the  pretrial
alcohol education system,  such  person shall also
pay to the  court  a  nonrefundable program fee of
four hundred twenty-five  dollars,  except that no
person  may be  excluded  from  such  program  for
inability  to pay  such  fee,  provided  (1)  such
person  files  with  the  court  an  affidavit  of
indigency or inability  to pay, (2) such indigency
is confirmed by  the  Bail Commission, and (3) the
court  enters a  finding  thereof.  If  the  court
denies the application,  such  person shall not be
required to pay  the  program  fee.  If  the court
grants the application,  and  such person is later
determined to be  ineligible  for participation in
such pretrial alcohol education system or fails to
complete     the     assigned     program,     the
four-hundred-twenty-five-dollar program fee  shall
not be refunded.  All  such  program fees shall be
credited to the General Fund.
    (d)  The  Department   of  Mental  Health  and
Addiction  Services shall  contract  with  service
providers,   develop   standards    and    oversee
appropriate   alcohol   programs   to   meet   the
requirements  of  this  section.  Said  department
shall adopt regulations in accordance with chapter
54  to  establish   standards   for  such  alcohol
programs.  Any  defendant   whose   employment  or
residence  makes  it  unreasonable  to  attend  an
alcohol program in this state may attend a program
in another state which has standards substantially
similar to, or  higher  than, those of this state,
subject to the  approval  of the court and payment
of the application and program fees as provided in
this section.
    Sec.  12.  Section   51-219a  of  the  general
statutes, as amended  by  section  4 of public act
97-200,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) The Jury  Administrator,  who is appointed
in accordance with  section  51-10  and subject to
supervision  by  the  Chief  Court  Administrator,
shall be responsible  for  qualifying,  summoning,
selecting, managing and  utilizing  jurors  in the
Superior Court.
    (b) The Jury  Administrator,  subject  to  the
approval of the  Chief  Court Administrator, shall
have  the authority  to  study  and  to  implement
procedures   for   the    improvement    of   jury
administration,  for the  reduction  of  costs  of
selection and management  of  jurors,  and for the
more effective utilization of jurors.
    (c)  THE JURY  ADMINISTRATOR  SHALL  HAVE  THE
AUTHORITY TO CANCEL  THE  SERVICE OF ANY JUROR FOR
GOOD CAUSE, INCLUDING,  BUT  NOT  LIMITED  TO, THE
FOLLOWING: (1) THE TOWN IN WHICH THE JUROR RESIDES
IS REASSIGNED TO  A  DIFFERENT  JUDICIAL  DISTRICT
THAN  THAT  TO  WHICH  THE  JUROR  WAS  ORIGINALLY
SUMMONED, OR (2)  THERE IS A REDUCTION IN THE NEED
FOR JURORS. WHEN JURY SERVICE IS CANCELED DUE TO A
REDUCTION  IN THE  NEED  FOR  JURORS,  INDIVIDUALS
SHALL  BE  SELECTED   ON   A   RANDOM   BASIS  FOR
CANCELLATION OF JURY SERVICE.
    Sec.  13.  Section   51-344   of  the  general
statutes,  as  amended   by   sections   4  to  6,
inclusive, of public  act  95-220 and section 1 of
public act 97-16, is repealed and the following is
substituted in lieu thereof:
    For  purposes  of   establishing   venue,  the
Superior  Court shall  consist  of  the  following
judicial districts:
    (1) The judicial  district of Ansonia-Milford,
consisting of the  towns of Ansonia, Beacon Falls,
Derby, Milford, Orange,  Oxford,  Seymour, Shelton
and West Haven;
    (2)   The  judicial   district   of   Danbury,
consisting of the  towns  of  Bethel,  Brookfield,
Danbury,   New   Fairfield,    Newtown,   Redding,
Ridgefield and Sherman;
    (3)  The  judicial   district   of  Fairfield,
consisting of the  towns  of  Bridgeport,  Easton,
Fairfield, Monroe, Stratford and Trumbull;
    (4)  The  judicial   district   of   Hartford,
consisting  of  the  towns  of  Avon,  Bloomfield,
Canton, East Granby,  East Hartford, East Windsor,
Enfield,    Farmington,    Glastonbury,    Granby,
Hartford,  Manchester,  Marlborough,   [Newington,
Rocky Hill,] Simsbury,  South  Windsor,  Suffield,
West  Hartford, [Wethersfield,]  Windsor  [,]  and
Windsor Locks;
    (5)  The  judicial   district  of  Litchfield,
consisting of the towns of Barkhamsted, Bethlehem,
Bridgewater, Canaan, Colebrook,  Cornwall, Goshen,
Hartland, Harwinton, Kent, Litchfield, Morris, New
Hartford,  New  Milford,  Norfolk,  North  Canaan,
Roxbury, Salisbury, Sharon, Thomaston, Torrington,
Warren, Washington and Winchester;
    (6)  The  judicial   district   of  Middlesex,
consisting  of  the  towns  of  Chester,  Clinton,
Cromwell, Deep River,  Durham,  East  Haddam, East
Hampton, Essex, Haddam, Killingworth, Middlefield,
Middletown, Old Saybrook, Portland and Westbrook;
    (7)  The judicial  district  of  New  Britain,
consisting  of  the   towns  of  Berlin,  Bristol,
Burlington,  New Britain,  NEWINGTON,  Plainville,
Plymouth,  [and]  ROCKY   HILL,   Southington  AND
WETHERSFIELD;
    (8)  The  judicial   district  of  New  Haven,
consisting  of the  towns  of  Bethany,  Branford,
Cheshire, East Haven,  Guilford,  Hamden, Madison,
Meriden, New Haven,  North  Branford, North Haven,
Wallingford and Woodbridge;
    (9)  The  judicial  district  of  New  London,
consisting of the  towns  of  Bozrah,  Colchester,
East Lyme, Franklin,  Griswold,  Groton,  Lebanon,
Ledyard,  Lisbon,  Lyme,  Montville,  New  London,
North  Stonington,  Norwich,  Old  Lyme,  Preston,
Salem,   Sprague,   Stonington,    Voluntown   and
Waterford;
    (10)     The     judicial      district     of
Stamford-Norwalk,  consisting  of   the  towns  of
Darien, Greenwich, New  Canaan, Norwalk, Stamford,
Weston, Westport and Wilton;
    (11)  The  judicial   district   of   Tolland,
consisting  of  the   towns  of  Andover,  Bolton,
Columbia, Coventry, Ellington,  Hebron, Mansfield,
Somers,  Stafford,  Tolland,   Union,  Vernon  and
Willington;
    (12)  The  judicial   district  of  Waterbury,
consisting of the  towns of Middlebury, Naugatuck,
Prospect, Southbury, Waterbury, Watertown, Wolcott
and Woodbury; and
    (13)  The  judicial   district   of   Windham,
consisting  of the  towns  of  Ashford,  Brooklyn,
Canterbury, Chaplin, Eastford, Hampton, Killingly,
Plainfield, Pomfret, Putnam,  Scotland,  Sterling,
Thompson, Windham and Woodstock.
    Sec.  14.  Section   51-345   of  the  general
statutes, as amended  by  section 10 of public act
97-40,   is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) Except as  provided  in section 51-348 and
subsections  (b)  to   (g),   inclusive,  of  this
section,  all  civil   process   shall   be   made
returnable to a judicial district, as follows:
    (1) If all  the  parties  reside  outside this
state, to the  judicial  district  where  (A)  the
injury occurred, (B)  the transaction occurred, or
(C) the property is located or lawfully attached.
    (2) If the defendant is not a resident, to the
judicial district where  the  attached property is
located.
    (3)  If  either   or  both  the  plaintiff  or
defendant are residents  of  this  state,  to  the
judicial district where  either  the  plaintiff or
defendant resides, except:
    (A) If either  the  plaintiff or the defendant
resides in the  town  of Manchester, East Windsor,
South Windsor or  Enfield,  the action may be made
returnable  at the  option  of  the  plaintiff  to
either the judicial  district  of  Hartford or the
judicial district of Tolland.
    (B) If either  the  plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at  the option of the plaintiff to
either the judicial district of New Britain or the
judicial district of Waterbury.
    (C) If either  the  plaintiff or the defendant
resides in the  town  of  Bethany,  Milford,  West
Haven  or  Woodbridge,  the  action  may  be  made
returnable  at the  option  of  the  plaintiff  to
either the judicial  district  of New Haven or the
judicial district of Ansonia-Milford.
    (D) If either  the  plaintiff or the defendant
resides in the  town  of Southbury, the action may
be made returnable  at the option of the plaintiff
to either the judicial district of Ansonia-Milford
or the judicial district of Waterbury.
    (E)  If  either  the  plaintiff  or  defendant
resides in the  town  of  Darien,  Greenwich,  New
Canaan,  Norwalk, Stamford,  Weston,  Westport  or
Wilton, the action  may  be made returnable at the
option of the  plaintiff  to  either  the judicial
district  of  Stamford-Norwalk   or  the  judicial
district of Fairfield.
    (F)  If  either  the  plaintiff  or  defendant
resides in the  town of Watertown or Woodbury, the
action may be made returnable at the option of the
plaintiff  to  either  the  judicial  district  of
Waterbury or the judicial district of Litchfield.
    (G)  If  either  the  plaintiff  or  defendant
resides in the town of Avon, Canton, Farmington or
Simsbury, the action may be made returnable at the
option of the  plaintiff  to  either  the judicial
district of Hartford  or  the judicial district of
New Britain.
    (H)  If  either  the  plaintiff  or  defendant
resides in the  town  of  Newington, ROCKY HILL OR
WETHERSFIELD, the action may be made returnable at
the option of the plaintiff to either the judicial
district of Hartford  or  the judicial district of
New Britain, except  for actions where venue is in
the  geographical  area  as  provided  in  section
51-348 or in rules of court.
    (I)  If  either  the  plaintiff  or  defendant
resides in the town of Cromwell, the action may be
made returnable at  the option of the plaintiff to
either the judicial  district  of  Hartford or the
judicial district of Middlesex.
    (b) In all  actions  involving  the  title  to
land, for trespass  to  land  and  to foreclose or
redeem  mortgages or  liens  upon  real  property,
civil process shall  be  made  returnable  to  the
judicial  district  where  the  real  property  is
located, either entirely or in part, except:
    (1) If the  land  is  located  in  the town of
Manchester, East Windsor, South Windsor or Enfield
and either the  plaintiff or the defendant resides
in the town  of  Manchester,  East  Windsor, South
Windsor  or  Enfield,   the  action  may  be  made
returnable  at the  option  of  the  plaintiff  to
either the judicial  district  of  Hartford or the
judicial district of Tolland.
    (2) If the  land  is  located  in  the town of
Plymouth and either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at  the option of the plaintiff to
either the judicial district of New Britain or the
judicial district of Waterbury.
    (3) If the  land  is  located  in  the town of
Bethany, Milford, West  Haven  or  Woodbridge  and
either the plaintiff  or  the defendant resides in
the  town  of  Bethany,  Milford,  West  Haven  or
Woodbridge, the action  may  be made returnable at
the option of the plaintiff to either the judicial
district of New  Haven or the judicial district of
Ansonia-Milford.
    (4) If the  land  is  located  in  the town of
Southbury  and  either   the   plaintiff   or  the
defendant resides in  the  town  of Southbury, the
action may be made returnable at the option of the
plaintiff  to  either  the  judicial  district  of
Ansonia-Milford  or  the   judicial   district  of
Waterbury.
    (5) If the  land  is  located  in  the town of
Weston,  Westport  or   Wilton   and   either  the
plaintiff or the  defendant  resides in any one of
these towns, the  action may be made returnable at
the option of the plaintiff to either the judicial
district  of  Stamford-Norwalk   or  the  judicial
district of Fairfield.
    (6) If the  land  is  located  in  the town of
Watertown or Woodbury  and either the plaintiff or
the defendant resides  in the town of Watertown or
Woodbury, the action may be made returnable at the
option of the  plaintiff  to  either  the judicial
district of Waterbury  or the judicial district of
Litchfield.
    (7) If the  land  is  located  in  the town of
Avon, Canton, Farmington  or  Simsbury  and either
the plaintiff or the defendant resides in the town
of  Avon,  Canton,  Farmington  or  Simsbury,  the
action may be made returnable at the option of the
plaintiff  to  either  the  judicial  district  of
Hartford or the judicial district of New Britain.
    (8) If the  land  is  located  in  the town of
Newington, ROCKY HILL  OR  WETHERSFIELD and either
the plaintiff or the defendant resides in the town
of  Newington, ROCKY  HILL  OR  WETHERSFIELD,  the
action may be made returnable at the option of the
plaintiff  to  either  the  judicial  district  of
Hartford or the  judicial district of New Britain,
except  for  actions   where   venue   is  in  the
geographical area as provided in section 51-348 or
in rules of court.
    (c) In all  actions  by  a corporation, except
actions made returnable  under subsection (b), (d)
or (g) of  this  section,  civil  process shall be
made returnable as follows:
    (1) If the  plaintiff  is  either  a  domestic
corporation or a United States corporation and the
defendant  is  a   resident,  either  (A)  to  the
judicial  district  where  the  plaintiff  has  an
office or place of business or (B) to the judicial
district where the defendant resides.
    (2) If the  plaintiff  is  either  a  domestic
corporation or a United States corporation and the
defendant is a  corporation,  domestic or foreign,
to the judicial  district  where (A) the plaintiff
has an office or place of business, (B) the injury
occurred, (C) the transaction occurred, or (D) the
property is located or lawfully attached.
    (3) If the  plaintiff is a foreign corporation
and the defendant  is  a resident, to the judicial
district where the defendant resides.
    (4) If the  plaintiff is a foreign corporation
and the defendant  is  a  corporation, domestic or
foreign, to the  judicial  district  where (A) the
injury occurred, (B)  the transaction occurred, or
(C) the property is located or lawfully attached.
    (d)   In  all   actions   involving   consumer
transactions,   civil  process   shall   be   made
returnable  to the  judicial  district  where  the
consumer   resides  or   where   the   transaction
occurred. For the  purposes  of  this  subsection,
consumer transaction means  a transaction in which
a natural person  obligates  himself  to  pay  for
goods sold or  leased, services rendered or moneys
loaned for personal, family or household purposes.
    (e) In all  actions  for the partition or sale
of  any property,  civil  process  shall  be  made
returnable  to the  judicial  district  where  the
parties, or one  of  them, reside; but, if none of
them resides in  this  state, then to the judicial
district where all  or  a  part of the property is
located.
    (f) In all  actions by a nonresident executor,
trustee  under  a  will  or  administrator,  civil
process  shall be  made  returnable  to  the  same
judicial  district  as  would  be  proper  if  the
plaintiff resided in  the  town where the court of
probate which granted administration is held.
    (g) In small  claims  matters,  civil  process
shall  be made  returnable  to  a  Superior  Court
facility   designated   by    the    Chief   Court
Administrator  to  serve  the  small  claims  area
within the boundaries  of  the  judicial  district
where the plaintiff  resides,  where the defendant
resides  or  is   doing   business  or  where  the
transaction or injury occurred.
    Sec.  15.  Section   51-181   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Superior  Court shall sit continuously
throughout the year,  at such times and places and
for such periods  as  are  set  by the Chief Court
Administrator or, with  the  approval of the Chief
Court   Administrator,  his   designee,   in   the
following  cities or  towns  except  as  otherwise
provided by law:  (1)  In the judicial district of
Ansonia-Milford,  at  Ansonia   or  Derby  and  at
Milford; (2) in  the judicial district of Danbury,
at  Danbury;  (3)  in  the  judicial  district  of
Fairfield,  at Bridgeport;  (4)  in  the  judicial
district of Hartford,  at  Hartford  and, whenever
suitable  accommodations  are   provided   without
expense to the  state,  at  Manchester; (5) in the
judicial district of  Litchfield,  at  Litchfield,
New  Milford, [and]  Winchester  and  [,  whenever
suitable  accommodations  are   provided   without
expense to the  state,  at] Torrington; (6) in the
judicial district of Middlesex, at Middletown; (7)
in the judicial  district  of  New Britain, at New
Britain and Bristol;  (8) in the judicial district
of New Haven, at New Haven and Meriden; (9) in the
judicial district of  New  London,  at Norwich and
New  London; (10)  in  the  judicial  district  of
Stamford-Norwalk,  at  Stamford;   (11)   in   the
judicial district of  Tolland,  at Rockville; (12)
in  the  judicial   district   of   Waterbury,  at
Waterbury; and (13)  in  the  judicial district of
Windham, at Putnam and Willimantic.
    (b) The court  shall  sit  not less than forty
weeks in Bristol and Stamford.
    Sec.  16.  Section   54-56e   of  the  general
statutes, as amended  by  section 10 of public act
97-248,  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  ON  OR  AFTER
OCTOBER 1, 1995,  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, except that, if a criminal docket
for drug-dependent persons  has  been  established
pursuant  to  section   51-181b  in  the  judicial
district, such defendant may be transferred, under
such conditions as  the  court shall order, to the
court handling such docket for supervision by such
court. If the  defendant  refuses  to  accept, or,
having  accepted, violates  such  conditions,  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 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 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. 17. Subsection  (c)  of section 51-90f of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) The panel shall complete its investigation
and render its  determination  that probable cause
or no probable  cause  exists that the attorney is
guilty of misconduct  not  later  than ninety days
from the date  the complaint was referred to it by
the committee or state-wide bar counsel. The panel
may file a  motion  for  extension  of time not to
exceed thirty days  with  the State-Wide Grievance
Committee which may grant the motion only for good
cause shown. If  the  panel  does not complete its
action on a  complaint within the time provided in
this section, the  State-Wide  Grievance Committee
shall,  on  motion   of  the  complainant  or  the
respondent or on  its own motion, inquire into the
delay and order  that the panel take action on the
complaint  forthwith  or  that  the  complaint  be
referred  to and  heard  by  another  panel  or  a
reviewing   subcommittee   designated    by    the
State-Wide   Grievance   Committee.    Upon    the
completion of its  investigation,  the panel shall
notify the complainant  and  the attorney that its
investigation has been  completed  and the results
thereof.  The failure  of  a  grievance  panel  to
complete its action  on  a  complaint  within  the
period of time  provided in this section shall not
be cause for dismissal of the complaint. THE PANEL
SHALL  NOT MAKE  A  PROBABLE  CAUSE  DETERMINATION
BASED,  IN  FULL   OR  IN  PART,  ON  A  CLAIM  OF
MISCONDUCT NOT ALLEGED  IN  THE  COMPLAINT WITHOUT
FIRST  NOTIFYING  THE   RESPONDENT   THAT   IT  IS
CONSIDERING   SUCH  ACTION   AND   AFFORDING   THE
RESPONDENT THE OPPORTUNITY TO BE HEARD.
    Sec. 18. Subsection  (a)  of section 51-90g of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  The State-Wide  Grievance  Committee  may
designate at least three members of the committee,
including  at  least   one-third   who   are   not
attorneys, to serve  as  a  reviewing subcommittee
for  each determination  made  by  a  panel  on  a
complaint. The committee  shall  regularly  rotate
membership   on   reviewing    subcommittees   and
assignments  of  complaints   from   the   various
judicial  districts.  The   State-Wide   Grievance
Committee or the  subcommittee, if any, shall hold
a hearing concerning  the  complaint  if the panel
determined that probable  cause  exists  that  the
attorney is guilty of misconduct. If the grievance
panel  determined that  probable  cause  does  not
exist that the  attorney  is guilty of misconduct,
the committee or  subcommittee  shall  review  the
determination of no  probable cause, take evidence
if it deems  it  appropriate and, if it determines
that probable cause  does  exist that the attorney
is guilty of  misconduct, shall take the following
action: (1) If  the State-Wide Grievance Committee
reviewed the determination  of the grievance panel
it shall hold  a  hearing concerning the complaint
or assign the matter to a subcommittee to hold the
hearing; or (2)  if  a  subcommittee  reviewed the
determination of the grievance panel it shall hold
a hearing concerning  the  complaint  or refer the
matter to the State-Wide Grievance Committee which
shall assign it  to  another  subcommittee to hold
the hearing. THE  COMMITTEE  OR SUBCOMMITTEE SHALL
NOT MAKE A  PROBABLE CAUSE DETERMINATION BASED, IN
FULL OR IN  PART,  ON  A  CLAIM  OF MISCONDUCT NOT
ALLEGED IN THE  COMPLAINT  WITHOUT FIRST NOTIFYING
THE RESPONDENT THAT  IT IS CONSIDERING SUCH ACTION
AND AFFORDING THE RESPONDENT THE OPPORTUNITY TO BE
HEARD. An attorney  who  maintains  his office for
the practice of  law in the same judicial district
as the respondent  may  not  sit  on the reviewing
subcommittee for that case.
    Sec. 19. (NEW)  Notwithstanding any provisions
of chapter 815j  of the general statutes, no court
shall  make  an   order   granting  the  right  of
visitation to a  parent  who has been convicted of
murder under section  53a-54a, 53a-54b, 53a-54c or
53a-54d of the  general  statutes, or in any other
jurisdiction, of any  crime the essential elements
of which are substantially the same as any of such
crimes, of the  other  parent  of the child who is
the subject of  the  visitation order, unless such
child is of  sufficient  age to signify his wishes
and he assents  to  such  order.  Until  any  such
visitation  order  is  granted,  no  person  shall
visit, with the child present, such parent who has
been convicted of  murder  without  the consent of
the child's guardian or legal custodian.
    Sec. 20. This  act  shall take effect from its
passage, except that  section 19 shall take effect
July 1, 1998, sections 13 and 14 shall take effect
September  1,  1998,   and   sections   1  to  11,
inclusive,  and  section   15  shall  take  effect
October 1, 1998.

Approved May 22, 1998