Substitute House Bill No. 5501
Substitute House Bill No. 5501
PUBLIC ACT NO. 98-145
AN ACT ESTABLISHING A ZERO-TOLERANCE DRUG
SUPERVISION PROGRAM.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) Not later than October
1, 1998, the chairman of the Board of Parole,
shall establish a pilot zero-tolerance drug
supervision program. Eligibility for participation
in the program shall be limited to individuals who
are eligible for release on parole in accordance
with section 54-125b of the general statutes and
shall be based upon criteria, including a limit on
the maximum number of eligible participants,
established by the chairman of the Board of
Parole.
(b) Any person entering such program shall,
as a condition of participating in such program,
agree to: (1) Submit to periodic urinalysis drug
tests, (2) detention in a halfway house facility
for a period of two days each time such test
produces a positive result, and (3) comply with
all rules established by the halfway house if
detained in such facility.
(c) Participants in the zero-tolerance drug
supervision program shall submit to periodic
urinalysis drug tests. If the test produces a
positive result, the participant may be detained
in a halfway house facility for a period of two
days.
(d) Any person who has submitted to a
urinalysis drug test pursuant to subsection (c) of
this section that produced a positive result may
request that a second urinalysis drug test be
administered, at such person's expense, to confirm
the results of the first test, except that if the
participant is determined to be indigent, based
upon financial affidavits, the Board of Parole
shall pay the cost of the test. The second drug
test shall be a urinalysis drug test, separate and
independent of the initial test. The participant
may be detained in a halfway house pending the
results of the second test. If such second test
does not produce a positive result, the
participant, if detained in a halfway house, shall
be released and the fee, if paid by the
participant, shall be refunded to the participant.
(e) If at any time during participation in the
zero-tolerance drug supervision program, the
chairman of the Board of Parole determines that
the public safety will be served by the
incarceration of a participant, such participant
may be returned to a correctional facility.
Sec. 2. (NEW) (a) Not later than October 1,
1998, the Commissioner of Correction shall
establish a pilot zero-tolerance drug supervision
program. Eligibility for participation in the
program shall be limited to individuals who are
eligible for participation in a community release
program pursuant to section 18-100c of the general
statutes and shall be based upon criteria,
including a limit on the maximum number of
eligible participants, established by the
Commissioner of Correction.
(b) Any person entering such program shall,
as a condition of participating in such program,
agree to: (1) Submit to periodic urinalysis drug
tests, (2) detention in a halfway house facility
for a period of two days each time such test
produces a positive result, and (3) comply with
all rules established by the halfway house if
detained in such facility.
(c) Participants in the zero-tolerance drug
supervision program shall submit to periodic
urinalysis drug tests. If the test produces a
positive result, the participant may be detained
in a halfway house facility for a period of two
days.
(d) Any person who has submitted to a
urinalysis drug test pursuant to subsection (c) of
this section that produced a positive result may
request that a second urinalysis drug test be
administered, at such person's expense, to confirm
the results of the first test, except that if the
participant is determined to be indigent, based
upon financial affidavits, the Department of
Correction shall pay the cost of the test. The
second drug test shall be a urinalysis drug test,
separate and independent of the initial test. The
participant may be detained in a halfway house
pending the results of the second test. If such
second test does not produce a positive result,
the participant, if detained in a halfway house,
shall be released from such halfway house and the
fee, if paid by the participant, shall be refunded
participant.
(e) If at any time during participation in the
zero-tolerance drug supervision program, the
Commissioner of Correction determines that the
conduct of the participant is unsuitable for
continuation in such program, such participant may
be returned to a correctional facility.
Sec. 3. (NEW) (a) Not later than October 1,
1998, the Chief Court Administrator shall
establish a pilot zero-tolerance drug supervision
program. Eligibility for participation in the
program shall be limited to individuals who are
eligible to be sentenced by the court to a period
of probation, pursuant to section 53a-29 of the
general statutes, and have been ordered by the
court, as a condition of such probation, to
participate in the program and shall be based upon
criteria, including a limit on the maximum number
of eligible participants, established by the Chief
Court Administrator.
(b) Any person entering such program shall, as
a condition of participating in such program,
agree to: (1) Submit to periodic urinalysis drug
tests, (2) detention in a halfway house facility
for a period of two days each time such test
produces a positive result, (3) comply with all
rules established by the halfway house if detained
in such facility, and (4) waive the right to a
hearing.
(c) Participants in the zero-tolerance drug
supervision program shall submit to periodic
urinalysis drug tests. If the test produces a
positive result, the participant shall be detained
in a halfway house facility for a period of two
days.
(d) Any person who has submitted to a
urinalysis drug test pursuant to subsection (c) of
this section that produced a positive result may
request that a second urinalysis drug test be
administered, at such person's expense, to confirm
the results of the first test, except that if the
participant is determined to be indigent, based
upon financial affidavits, the Judicial Department
shall pay the cost of the test. The second drug
test shall be a urinalysis drug test, separate and
independent of the initial test. The participant
shall be detained in a halfway house pending the
results of the second test. If such second test
does not produce a positive result, the
participant, if detained in a halfway house, shall
be released and the fee, if paid by the
participant, shall be refunded to the participant.
(e) A participant enrolled in the
zero-tolerance drug supervision program may be
charged with a violation of probation, if the
participant's probation officer determines that
the participant has violated the conditions of
probation or the conditions of the program.
Sec. 4. (NEW) Not later than January 1, 2000,
the chairman of the Board of Parole, the
Commissioner of Correction and the Chief Court
Administrator shall submit a report on the pilot
zero-tolerance drug supervision program to the
joint standing committee of the General Assembly
having cognizance of matters relating to criminal
justice.
Approved June 4, 1998