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