Conn. Gen. Stat. § 54-56d — Connecticut Code / Title 54 / Chapter 960 / Section 54-56d
Sec. 54-56d. (Formerly Sec. 54-40). Competency to stand trial.
Status: in_force

(b) Presumption of competency. A defendant is presumed to be competent. The burden of proving that the defendant is not competent by a preponderance of the evidence and the burden of going forward with the evidence are on the party raising the issue. The burden of going forward with the evidence shall be on the state if the court raises the issue. The court may call its own witnesses and conduct its own inquiry.

(c) Request for examination. If, at any time during a criminal proceeding, it appears that the defendant is not competent, counsel for the defendant or for the state, or the court, on its own motion, may request an examination to determine the defendant's competency.

(d) Examination of defendant. Report. If the court finds that the request for an examination is justified and that, in accordance with procedures established by the judges of the Superior Court, there is probable cause to believe that the defendant has committed the crime for which the defendant is charged, the court shall order an examination of the defendant as to his or her competency. The court may (1) appoint one or more physicians specializing in psychiatry to examine the defendant, or (2) order the Commissioner of Mental Health and Addiction Services to conduct the examination either (A) by a clinical team consisting of a physician specializing in psychiatry, a clinical psychologist and one of the following: A clinical social worker licensed pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a master's degree in nursing, or (B) by one or more physicians specializing in psychiatry, except that no employee of the Department of Mental Health and Addiction Services who has served as a member of a clinical team in the course of such employment for at least five years prior to October 1, 1995, shall be precluded from being appointed as a member of a clinical team. If the Commissioner of Mental Health and Addiction Services is ordered to conduct the examination, the commissioner shall select the members of the clinical team or the physician or physicians. When performing an examination under this section, the examiners shall have access to information on treatment dates and locations in the defendant's treatment history contained in the Department of Mental Health and Addiction Services' database of treatment episodes for the purpose of requesting a release of treatment information from the defendant. If the examiners determine that the defendant is not competent, the examiners shall then determine whether there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section. If the examiners determine that there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section, the examiners shall then determine whether the defendant appears to be eligible for civil commitment, with monitoring by the Court Support Services Division, pursuant to subdivision (2) of subsection (h) of this section. If the examiners determine that there is not a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section, the examiners shall then determine whether the defendant appears to be eligible for civil commitment to a hospital for psychiatric disabilities pursuant to subsection (m) of this section and make a recommendation to the court regarding the appropriateness of such civil commitment. The court may authorize a physician specializing in psychiatry, a clinical psychologist, a clinical social worker licensed pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a master's degree in nursing selected by the defendant to observe the examination. Counsel for the defendant may observe the examination. The examination shall be completed within fifteen business days from the date it was ordered and the examiners shall prepare and sign, without notarization, a written report and file such report with the court within twenty-one business days of the date of the order. On receipt of the written report, the clerk of the court shall cause copies to be delivered immediately to the state's attorney and to counsel for the defendant.

(e) Hearing. Evidence. The court shall hold a hearing as to the competency of the defendant not later than ten days after the court receives the written report. Any evidence regarding the defendant's competency, including the written report, may be introduced at the hearing by either the defendant or the state, except that no treatment information contained in the Department of Mental Health and Addiction Services' database of treatment episodes may be included in the written report or introduced at the hearing unless the defendant released the treatment information pursuant to subsection (d) of this section. If the written report is introduced, at least one of the examiners shall be present to testify as to the determinations in the report, unless the examiner's presence is waived by the defendant and the state. Any member of the clinical team shall be considered competent to testify as to the team's determinations. A defendant and the defendant's counsel may waive the court hearing only if the examiners, in the written report, determine without qualification that the defendant is competent. Nothing in this subsection shall limit any other release or use of information from said database permitted by law.

(f) Court finding of competency or incompetency. If the court, after the hearing, finds that the defendant is competent, the court shall continue with the criminal proceedings. If the court finds that the defendant is not competent, the court shall also find whether there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order permitted under this section.

(g) Court procedure if finding that defendant will not regain competency. If, at the hearing, the court finds that there is not a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the period of any placement order under this section, the court shall follow the procedure set forth in subsection (m) of this section.

(h) Court procedure if finding that defendant will regain competency. Placement of defendant for treatment or pending civil commitment proceedings. Progress report. (1) If, at the hearing, the court finds that there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the period of any placement order under this section, the court shall either (A) order placement of the defendant for treatment for the purpose of rendering the defendant competent, or (B) order placement of the defendant at a treatment facility pending civil commitment proceedings pursuant to subdivision (2) of this subsection.

(2) (A) Except as provided in subparagraph (B) of this subdivision, if the court makes a finding pursuant to subdivision (1) of this subsection and does not order placement pursuant to subparagraph (A) of said subdivision, the court shall, on its own motion or on motion of the state or the defendant, order placement of the defendant in the custody of the Commissioner of Mental Health and Addiction Services at a treatment facility pending civil commitment proceedings. The treatment facility shall be determined by the Commissioner of Mental Health and Addiction Services. Such order shall: (i) Include an authorization for the Commissioner of Mental Health and Addiction Services to apply for civil commitment of such defendant pursuant to sections 17a-495 to 17a-528 , inclusive; (ii) permit the defendant to agree to request voluntarily to be admitted under section 17a-506 and participate voluntarily in a treatment plan prepared by the Commissioner of Mental Health and Addiction Services, and require that the defendant comply with such treatment plan; and (iii) provide that if the application for civil commitment is denied or not pursued by the Commissioner of Mental Health and Addiction Services, or if the defendant is unwilling or unable to comply with a treatment plan despite reasonable efforts of the treatment facility to encourage the defendant's compliance, the person in charge of the treatment facility, or such person's designee, shall submit a written progress report to the court and the defendant shall be returned to the court for a hearing pursuant to subsection (k) of this section. Such written progress report shall include the status of any civil commitment proceedings concerning the defendant, the defendant's compliance with the treatment plan, an opinion regarding the defendant's current competency to stand trial, the clinical findings of the person submitting the report and the facts upon which the findings are based, and any other information concerning the defendant requested by the court, including, but not limited to, the method of treatment or the type, dosage and effect of any medication the defendant is receiving. The Court Support Services Division shall monitor the defendant's compliance with any applicable provisions of such order. The period of placement and monitoring under such order shall not exceed the period of the maximum sentence which the defendant could receive on conviction of the charges against such defendant, or eighteen months, whichever is less. If the defendant has complied with such treatment plan and any applicable provisions of such order, at the end of the period of placement and monitoring, the court shall approve the entry of a nolle prosequi to the charges against the defendant or shall dismiss such charges.

(B) This subdivision shall not apply: (i) To any person charged with a class A felony, a class B felony, except a violation of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 14-227a or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n , subdivision (2) of subsection (a) of section 53-21 or section 53a-56b , 53a-60d , 53a-70 , 53a-70a , 53a-71 , 53a-72a or 53a-72b ; (ii) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person; or (iii) unless good cause is shown, to any person charged with a class C felony.

(i) Placement for treatment. Conditions. (1) The placement of the defendant for treatment for the purpose of rendering the defendant competent shall comply with the following conditions: (A) The period of placement under the order or combination of orders shall not exceed the period of the maximum sentence which the defendant could receive on conviction of the charges against the defendant or eighteen months, whichever is less; (B) the placement shall be either (i) in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services, except that any defendant placed for treatment with the Commissioner of Mental Health and Addiction Services may remain in the custody of the Department of Correction pursuant to subsection (p) of this section; or, (ii) if the defendant or the appropriate commissioner agrees to provide payment, in the custody of any appropriate mental health facility or treatment program which agrees to provide treatment to the defendant and to adhere to the requirements of this section; and (C) the court shall order the placement, on either an inpatient or an outpatient basis, which the court finds is the least restrictive placement appropriate and available to restore competency.

(2) In determining the least restrictive placement appropriate and available to restore competency, the court shall consider the following factors: (A) The nature and circumstances of the alleged crime; (B) such defendant's record of criminal convictions; (C) such defendant's record of appearance in court; (D) such defendant's family and community ties; (E) such defendant's willingness and ability to engage with treatment ordered under this section; (F) whether such defendant's use of substances would interfere with such defendant's ability to be successful in such placement; (G) any psychiatric symptoms experienced by such defendant and the nature and severity of the symptoms; and (H) any other relevant factors specific to the defendant and such defendant's circumstances.

(3) If the defendant is not charged with a felony, the court shall presume that outpatient treatment is the least restrictive placement appropriate and available to restore competency, unless the court has good cause to find otherwise based on review of the factors in subdivision (2) of this subsection. If outpatient treatment is the least restrictive placement for a defendant who has not yet been released from a correctional facility, the court shall consider whether the availability of such treatment is a sufficient basis on which to release the defendant on a promise to appear, conditions of release, cash bail or bond. If the court determines that the defendant may not be so released, the court shall order treatment of the defendant on an inpatient basis at a mental health facility or facility for persons with intellectual disability. Not later than twenty-four hours after the court orders placement of the defendant for treatment for the purpose of rendering the defendant competent, the examiners shall transmit information obtained about the defendant during the course of an examination pursuant to subsection (d) of this section to the health care provider named in the court's order.

(j) Progress reports re treatment. The person in charge of the treatment facility, or such person's designee, or the Commissioner of Mental Health and Addiction Services with respect to any defendant who is in the custody of the Commissioner of Correction pursuant to subsection (p) of this section, shall submit a written progress report to the court (1) at least seven days prior to the date of any hearing on the issue of the defendant's competency; (2) whenever he or she believes that the defendant has attained competency; (3) whenever he or she believes that there is not a substantial probability that the defendant will attain competency within the period covered by the placement order; (4) whenever, within the first one hundred twenty days of the period covered by the placement order, he or she believes that the defendant would be eligible for civil commitment pursuant to subdivision (2) of subsection (h) of this section; or (5) whenever he or she believes that the defendant is still not competent but has improved sufficiently such that continued inpatient commitment is no longer the least restrictive placement appropriate and available to restore competency. The progress report shall contain: (A) The clinical findings of the person submitting the report and the facts on which the findings are based; (B) the opinion of the person submitting the report as to whether the defendant has attained competency or as to whether the defendant is making progress, under treatment, toward attaining competency within the period covered by the placement order; (C) the opinion of the person submitting the report as to whether the defendant appears to be eligible for civil commitment to a hospital for psychiatric disabilities pursuant to subsection (m) of this section and the appropriateness of such civil commitment, if there is not a substantial probability that the defendant will attain competency within the period covered by the placement order; and (D) any other information concerning the defendant requested by the court, including, but not limited to, the method of treatment or the type, dosage and effect of any medication the defendant is receiving. Not later than five business days after the court finds either that the defendant will not attain competency within the period of any placement order under this section or that the defendant has regained competency, the person in charge of the treatment facility, or such person's designee, or the Commissioner of Mental Health and Addiction Services with respect to any defendant who is in the custody of the Commissioner of Correction pursuant to subsection (p) of this section, shall provide a copy of the written progress report to the examiners who examined the defendant pursuant to subsection (d) of this section.

(k) Reconsideration of competency. Hearing. Involuntary medication. Appointment and duties of health care guardian. (1) Whenever any placement order for treatment is rendered or continued, the court shall set a date for a hearing, to be held within ninety days, for reconsideration of the issue of the defendant's competency. Whenever the court (A) receives a report pursuant to subsection (j) of this section which indicates that (i) the defendant has attained competency, (ii) the defendant will not attain competency within the remainder of the period covered by the placement order, (iii) the defendant will not attain competency within the remainder of the period covered by the placement order absent administration of psychiatric medication for which the defendant is unwilling or unable to provide consent, (iv) the defendant would be eligible for civil commitment pursuant to subdivision (2) of subsection (h) of this section, or (v) the defendant is still not competent but has improved sufficiently such that continued inpatient commitment is no longer the least restrictive placement appropriate and available to restore competency, or (B) receives a report pursuant to subparagraph (A)(iii) of subdivision (2) of subsection (h) of this section which indicates that (i) the application for civil commitment of the defendant has been denied or has not been pursued by the Commissioner of Mental Health and Addiction Services, or (ii) the defendant is unwilling or unable to comply with a treatment plan despite reasonable efforts of the treatment facility to encourage the defendant's compliance, the court shall set the matter for a hearing not later than ten days after the report is received. The hearing may be waived by the defendant only if the report indicates that the defendant is competent. With respect to a defendant who is in the custody of the Commissioner of Correction pursuant to subsection (p) of this section, the Commissioner of Mental Health and Addiction Services shall retain responsibility for providing testimony at any hearing under this subsection. The court shall determine whether the defendant is competent or is making progress toward attaining competency within the period covered by the placement order. If the court finds that the defendant is competent, the defendant shall be returned to the custody of the Commissioner of Correction or released, if the defendant has met the conditions for release, and the court shall continue with the criminal proceedings. If the court finds that the defendant is still not competent but that the defendant is making progress toward attaining competency, the court may continue or modify the placement order. If the court finds that the defendant is still not competent but that the defendant is making progress toward attaining competency and inpatient placement is no longer the least restrictive placement appropriate and available to restore competency, the court shall consider whether the availability of such less restrictive placement is a sufficient basis on which to release the defendant on a promise to appear, conditions of release, cash bail or bond and may order continued treatment to restore competency on an outpatient basis. If the court finds that the defendant is still not competent and will not attain competency within the remainder of the period covered by the placement order absent administration of psychiatric medication for which the defendant is unwilling or unable to provide consent, the court shall proceed as provided in subdivisions (2), (3) and (4) of this subsection. If the court finds that the defendant is eligible for civil commitment, the court may order placement of the defendant at a treatment facility pending civil commitment proceedings pursuant to subdivision (2) of subsection (h) of this section.

(2) If the court finds that the defendant will not attain competency within the remainder of the period covered by the placement order absent administration of psychiatric medication for which the defendant is unwilling or unable to provide consent, and after any hearing held pursuant to subdivision (3) of this subsection, the court may order the involuntary medication of the defendant if the court finds by clear and convincing evidence that: (A) To a reasonable degree of medical certainty, involuntary medication of the defendant will render the defendant competent to stand trial, (B) an adjudication of guilt or innocence cannot be had using less intrusive means, (C) the proposed treatment plan is narrowly tailored to minimize intrusion on the defendant's liberty and privacy interests, (D) the proposed drug regimen will not cause an unnecessary risk to the defendant's health, and (E) the seriousness of the alleged crime is such that the criminal law enforcement interest of the state in fairly and accurately determining the defendant's guilt or innocence overrides the defendant's interest in self-determination.

(3) (A) If the court finds that the defendant is unwilling or unable to provide consent for the administration of psychiatric medication, and prior to deciding whether to order the involuntary medication of the defendant under subdivision (2) of this subsection, the court shall appoint a health care guardian who shall be a licensed health care provider with specialized training in the treatment of persons with psychiatric disabilities to represent the health care interests of the defendant before the court. Notwithstanding the provisions of section 52-146e , such health care guardian shall have access to the psychiatric records of the defendant. Such health care guardian shall file a report with the court not later than thirty days after his or her appointment. The report shall set forth such health care guardian's findings and recommendations concerning the administration of psychiatric medication to the defendant, including the risks and benefits of such medication, the likelihood and seriousness of any adverse side effects and the prognosis with and without such medication. The court shall hold a hearing on the matter not later than ten days after receipt of such health care guardian's report and shall, in deciding whether to order the involuntary medication of the defendant, take into account such health care guardian's opinion concerning the health care interests of the defendant.

(B) The court, in anticipation of considering continued involuntary medication of the defendant under subdivision (4) of this subsection, shall order the health care guardian to file a supplemental report updating the findings and recommendations contained in the health care guardian's report filed under subparagraph (A) of this subdivision.

(4) If, after the defendant has been found to have attained competency by means of involuntary medication ordered under subdivision (2) of this subsection, the court determines by clear and convincing evidence that the defendant will not remain competent absent the continued administration of psychiatric medication for which the defendant is unable to provide consent, and after any hearing held pursuant to subdivision (3) of this subsection and consideration of the supplemental report of the health care guardian, the court may order continued involuntary medication of the defendant if the court finds by clear and convincing evidence that: (A) To a reasonable degree of medical certainty, continued involuntary medication of the defendant will maintain the defendant's competency to stand trial, (B) an adjudication of guilt or innocence cannot be had using less intrusive means, (C) the proposed treatment plan is narrowly tailored to minimize intrusion on the defendant's liberty and privacy interests, (D) the proposed drug regimen will not cause an unnecessary risk to the defendant's health, and (E) the seriousness of the alleged crime is such that the criminal law enforcement interest of the state in fairly and accurately determining the defendant's guilt or innocence overrides the defendant's interest in self-determination. Continued involuntary medication ordered under this subdivision may be administered to the defendant while the criminal charges against the defendant are pending and the defendant is in the custody of the Commissioner of Correction or the Commissioner of Mental Health and Addiction Services. An order for continued involuntary medication of the defendant under this subdivision shall be reviewed by the court every one hundred eighty days while such order remains in effect. The court shall order the health care guardian to file a supplemental report for each such review. After any hearing held pursuant to subdivision (3) of this subsection and consideration of the supplemental report of the health care guardian, the court may continue such order if the court finds, by clear and convincing evidence, that the criteria enumerated in subparagraphs (A) to (E), inclusive, of this subdivision are met.

(5) The state shall hold harmless and indemnify any health care guardian appointed by the court pursuant to subdivision (3) of this subsection from financial loss and expense arising out of any claim, demand, suit or judgment by reason of such health care guardian's alleged negligence or alleged deprivation of any person's civil rights or other act or omission resulting in damage or injury, provided the health care guardian is found to have been acting in the discharge of his or her duties pursuant to said subdivision and such act or omission is found not to have been wanton, reckless or malicious. The provisions of subsections (b), (c) and (d) of section 5-141d shall apply to such health care guardian. The provisions of chapter 53 shall not apply to a claim against such health care guardian.

(l) Failure of defendant to return to treatment facility in accordance with terms and conditions of release. If a defendant who has been ordered placed for treatment on an inpatient basis at a mental health facility or a facility for persons with intellectual disability is released from such facility on a furlough or for work, therapy or any other reason and fails to return to the facility in accordance with the terms and conditions of the defendant's release, the person in charge of the facility, or such person's designee, shall, within twenty-four hours of the defendant's failure to return, report such failure to the prosecuting authority for the court location which ordered the placement of the defendant. Upon receipt of such a report, the prosecuting authority shall, within available resources, make reasonable efforts to notify any victim or victims of the crime for which the defendant is charged of such defendant's failure to return to the facility. No civil liability shall be incurred by the state or the prosecuting authority for failure to notify any victim or victims in accordance with this subsection. The failure of a defendant to return to the facility in which the defendant has been placed may constitute sufficient cause for the defendant's rearrest upon order by the court.

(m) Release or placement of defendant who will not attain competency. Report to court prior to release from placement. (1) If at any time the court determines that there is not a substantial probability that the defendant will attain competency within the period of treatment allowed by this section, or if at the end of such period the court finds that the defendant is still not competent, the court shall consider any recommendation made by the examiners pursuant to subsection (d) of this section and any opinion submitted by the treatment facility pursuant to subparagraph (C) of subsection (j) of this section regarding eligibility for, and the appropriateness of, civil commitment to a hospital for psychiatric disabilities and shall either release the defendant from custody or order the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services. If the court orders the defendant placed in the custody of the Commissioner of Children and Families or the Commissioner of Developmental Services, the commissioner given custody, or the commissioner's designee, shall then apply for civil commitment in accordance with sections 17a-75 to 17a-83 , inclusive, or 17a-270 to 17a-282 , inclusive. If the court orders the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the court may order the commissioner, or the commissioner's designee, to apply for civil commitment in accordance with sections 17a-495 to 17a-528 , inclusive, or order the commissioner, or the commissioner's designee, to provide services to the defendant in a less restrictive setting, provided the examiners have determined in the written report filed pursuant to subsection (d) of this section or have testified pursuant to subsection (e) of this section that such services are available and appropriate. If the court orders the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services and orders the commissioner to apply for civil commitment pursuant to this subsection, the court may order the commissioner to give the court notice when the defendant is released from the commissioner's custody if such release is prior to the expiration of the time within which the defendant may be prosecuted for the crime with which the defendant is charged, provided such order indicates when such time expires. If the court orders the defendant placed in the custody of the Commissioner of Developmental Services for purposes of commitment under any provision of sections 17a-270 to 17a-282 , inclusive, the court may order the Commissioner of Developmental Services to give the court notice when the defendant's commitment is terminated if such termination is prior to the expiration of the time within which the defendant may be prosecuted for the crime with which the defendant is charged, provided such order indicates when such time expires.

(2) The court shall hear arguments as to whether the defendant should be released or should be placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services.

(3) If the court orders the release of a defendant charged with the commission of a crime that resulted in the death or serious physical injury, as defined in section 53a-3 , of another person, or with a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or subdivision (2) of subsection (a) of section 53-21 , subdivision (2) of subsection (a) of section 53a-60 or section 53a-60a , 53a-70 , 53a-70a , 53a-71 , 53a-72a or 53a-72b , or orders the placement of such defendant in the custody of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services, the court may, on its own motion or on motion of the prosecuting authority, order, as a condition of such release or placement, periodic examinations of the defendant as to the defendant's competency at intervals of not less than six months. If, at any time after the initial periodic examination, the court finds again, based upon an examiner's recommendation, that there is a substantial probability that the defendant, if provided with a course of treatment, will never regain competency, then any subsequent periodic examination of the defendant as to the defendant's competency shall be at intervals of not less than eighteen months. Such an examination shall be conducted in accordance with subsection (d) of this section. Periodic examinations ordered by the court under this subsection shall continue until the court finds that the defendant has attained competency or until the time within which the defendant may be prosecuted for the crime with which the defendant is charged, as provided in section 54-193 , has expired, whichever occurs first.

(4) Upon receipt of the written report as provided in subsection (d) of this section, the court shall, upon the request of either party filed not later than thirty days after the court receives such report, conduct a hearing as provided in subsection (e) of this section. Such hearing shall be held not later than ninety days after the court receives such report. If the court finds that the defendant has attained competency, the defendant shall be returned to the custody of the Commissioner of Correction or released, if the defendant has met the conditions for release, and the court shall continue with the criminal proceedings.

(5) The court shall dismiss, with or without prejudice, any charges for which a nolle prosequi is not entered when the time within which the defendant may be prosecuted for the crime with which the defendant is charged, as provided in section 54-193 , has expired. Notwithstanding the record erasure provisions of section 54-142a , police and court records and records of any state's attorney pertaining to a charge which is nolled or dismissed without prejudice while the defendant is not competent shall not be erased until the time for the prosecution of the defendant expires under section 54-193 . A defendant who is not civilly committed as a result of an application made by the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services pursuant to this section shall be released. A defendant who is civilly committed pursuant to such an application shall be treated in the same manner as any other civilly committed person.

(n) Payment of costs. The cost of the examination effected by the Commissioner of Mental Health and Addiction Services and of testimony of persons conducting the examination effected by the commissioner shall be paid by the Department of Mental Health and Addiction Services. The cost of the examination and testimony by physicians appointed by the court shall be paid by the Judicial Department. If the defendant is indigent, the fee of the person selected by the defendant to observe the examination and to testify on the defendant's behalf shall be paid by the Public Defender Services Commission. The expense of treating a defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services pursuant to subdivision (2) of subsection (h) of this section or subsection (i) of this section shall be computed and paid for in the same manner as is provided for persons committed by a probate court under the provisions of sections 17b-122 , 17b-124 to 17b-132 , inclusive, 17b-136 to 17b-138 , inclusive, 17b-194 to 17b-197 , inclusive, 17b-222 to 17b-250 , inclusive, 17b-263 , 17b-340 to 17b-350 , inclusive, 17b-689b and 17b-743 to 17b-747 , inclusive.

(o) Custody of defendant prior to hearing. Until the hearing is held, the defendant, if not released on a promise to appear, conditions of release, cash bail or bond, shall remain in the custody of the Commissioner of Correction unless hospitalized as provided in sections 17a-512 to 17a-517 , inclusive.

(p) Placement of defendant who presents significant security, safety or medical risk. Defendant remaining in custody of Commissioner of Correction. (1) This section shall not be construed to require the Commissioner of Mental Health and Addiction Services to place any defendant who presents a significant security, safety or medical risk in a hospital for psychiatric disabilities which does not have the trained staff, facilities or security to accommodate such a person, as determined by the Commissioner of Mental Health and Addiction Services in consultation with the Commissioner of Correction.

(2) If a defendant is placed for treatment with the Commissioner of Mental Health and Addiction Services pursuant to subsection (i) of this section and such defendant is not placed in a hospital for psychiatric disabilities pursuant to a determination made by the Commissioner of Mental Health and Addiction Services under subdivision (1) of this subsection, the defendant shall remain in the custody of the Commissioner of Correction. The Commissioner of Correction shall be responsible for the medical and psychiatric care of the defendant, and the Commissioner of Mental Health and Addiction Services shall remain responsible to provide other appropriate services to restore competency.

(3) If a defendant remains in the custody of the Commissioner of Correction pursuant to subdivision (2) of this subsection and the court finds that the defendant is still not competent and will not attain competency within the remainder of the period covered by the placement order absent administration of psychiatric medication for which the defendant is unwilling or unable to provide consent, the court shall proceed as provided in subdivisions (2), (3) and (4) of subsection (k) of this section. Nothing in this subdivision shall prevent the court from making any other finding or order set forth in subsection (k) of this section.

(q) Defense of defendant prior to trial. This section shall not prevent counsel for the defendant from raising, prior to trial and while the defendant is not competent, any issue susceptible of fair determination.

(r) Credit for time in confinement on inpatient basis. Actual time spent in confinement on an inpatient basis pursuant to this section shall be credited against any sentence imposed on the defendant in the pending criminal case or in any other case arising out of the same conduct in the same manner as time is credited for time spent in a correctional facility awaiting trial.

See Sec. 17a-543a re appointment of special limited conservator for and administration of medication to defendant placed in custody of Commissioner of Mental Health and Addiction Services.

See Sec. 17a-566 re required examination for signs of mental illness of persons convicted of certain crimes.

Annotations to former section 54-40:

Cited. 134 C. 45; 161 C. 20. A person who is “insane” within the meaning of the rule exempting mentally disabled persons from execution is not necessarily “insane” within the meaning of the rules precluding incompetent persons from trial, conviction and sentencing. 169 C. 13. Cited. 171 C. 454; 193 C. 526; 198 C. 273.

Cited. 14 CS 33.

Commitment under section operates in all particulars as civil commitment by Probate Court and committed person's assets must be used for his support; section applies to those already committed at time of enactment and is not ex post facto as it is not a criminal statute. 5 Conn. Cir. Ct. 542.

Annotations to present section:

Cited. 186 C. 476; 189 C. 61; 192 C. 383; Id., 520; 198 C. 598; 199 C. 359; 200 C. 224; 205 C. 673; 210 C. 304; 214 C. 476; 222 C. 312; 223 C. 557; 224 C. 29; Id., 907; 225 C. 524; 227 C. 930; 229 C. 228; 230 C. 109; Id., 572; 233 C. 44; Id., 813; 235 C. 671; 237 C. 633. Trial court improperly failed to canvass defendant personally and relied on old competency report despite defense counsel's representations that competency issues had newly surfaced; even when defendant is competent at commencement of trial, trial court must be alert to circumstances suggesting a change that would render defendant unable to meet the standards of competence to stand trial. 315 C. 151.

Cited. 5 CA 79; 6 CA 476; 8 CA 491; 9 CA 587; 14 CA 140; Id., 586; 17 CA 602; 20 CA 212; 22 CA 477; 25 CA 741; 28 CA 360; judgment reversed, see 229 C. 529; Id., 548; 30 CA 428; 32 CA 553; 34 CA 236; 36 CA 135; Id., 641; 54 CA 361. Defendant is presumed competent and burden to show otherwise is on party alleging incompetence. 62 CA 367. Trial court did not improperly fail to order competency hearing in light of court's observations of defendant at trial and various evaluation reports from mental health facility in which he had been treated, all of which concluded that he was competent to stand trial and that he was engaging in a deliberate pattern of behavior to delay his trial; trial court did not abuse its discretion in determining defendant was malingering in order to delay trial and that competency hearing under section was not required. 81 CA 294. Although defense counsel expressed concerns about defendant's competency, court had opportunity to observe defendant on numerous occasions and did not abuse its discretion by denying defendant's motion for a competency evaluation. 113 CA 651. To demonstrate that trial counsel was ineffective for purposes of this section, petitioner must show that trial counsel had substantial evidence to raise a reasonable doubt regarding petitioner's lack of competence, but failed to act on it by moving for a competency hearing, and such evidence required trial counsel to investigate petitioner's competence further, but failed to do so. 166 CA 707.

Cited. 44 CS 101. Juvenile, age 11, failed to meet burden of proving that he is not competent to stand trial because expert's opinion that juvenile is not competent lacks sufficient foundation and is based upon expert's age-bias for juvenile competency. 52 CS 267.

Subsec. (a):

No abuse of discretion in finding defendant competent to stand trial. 68 CA 470. Despite egregious and repeated outbursts during trial, defendant legally competent to stand trial since his demeanor and condition remained unchanged from the final pretrial evaluation and his conduct resulted not from mental incapacity but from his deliberate choice to obstruct the proceedings. 158 CA 119.

Subsec. (b):

Defendant who refuses to cooperate with evaluation process is presumed to be competent under Subsec. 124 CA 249.

Subsec. (i):

Placements for treatment must be treated cumulatively for purposes of applying the 18-month time limitation. 288 C. 610.

Subsec. (k):

Subdiv. (2): State's interest in trying defendant for intent to sell and manufacture of marijuana overrides defendant's right to self-determination because the offenses were serious and carried a mandatory minimum sentence of 7 years imprisonment. 299 C. 141.

Discussion of whether trial court correctly used standards set forth in statute in determining whether to order forced medication of defendant to render him competent to stand trial; confirmation that statute makes it mandatory to appoint a licensed health care provider to represent health care interests of defendant if court finds that defendant is unable to provide consent for involuntary medication. 70 CA 488.

State did not establish by clear and convincing evidence that forced administration of antipsychotic drugs either is substantially likely to render defendant competent to stand trial or, to a reasonable degree of medical certainty, will render defendant competent to stand trial, or that administration of antipsychotic drugs is narrowly tailored and substantially unlikely to have side effects that will interfere significantly with defendant's ability to assist counsel in preparing for trial and at trial. 53 CS 290.

Subsec. (m):

The term “defendant” includes a respondent in a juvenile matter. 291 C. 556. Subdiv. (5): Provision applies to all charges pending against defendant who has been found incompetent and not restorable to competency; the applicable statute of limitations runs continuously from the date that defendant committed the offense and not from the date that defendant had been found incompetent and not restorable to competency. 301 C. 630.

Unconditional release under statute is a reasonable legislative determination. 22 CA 199. Section, as amended by P.A. 98-88, applies retroactively to authorize court to order periodic competency evaluations of incompetent defendant charged with the commission of a crime that resulted in death or serious physical injury; trial court did not abuse its discretion in ordering periodic competency evaluations of defendant when there is no possibility that he will ever regain competence because the plain language of statute contains no such limitation and there is an interest in giving the state a formal mechanism of keeping abreast of possible improvements in defendant's mental condition that may allow prosecution to go forward. 126 CA 539; judgment affirmed, see 307 C. 548.
Conn. Gen. Stat. § 54-163 — Connecticut Code / Title 54 / Chapter 964 / Section 54-163
Sec. 54-163. Arrest warrant signed by Governor.
Status: in_force

Procedure before Governor and effect of issuance of warrant by him. 78 C. 150; 84 C. 370; 160 U.S. 231. Warrant necessary for arrest under Uniform Criminal Extradition Act. 146 C. 509. Cited. 157 C. 38. In habeas corpus challenging detention under warrant, indigent plaintiff entitled to assistance to assert his legal rights. Id., 403. Cited. 161 C. 329; 163 C. 394; 168 C. 274; 180 C. 153; 182 C. 470; 186 C. 404; 190 C. 631; 201 C. 162.

Cited. 26 CS 469.
Conn. Gen. Stat. § 54-123a — Connecticut Code / Title 54 / Chapter 961 / Section 54-123a
Sec. 54-123a. Judicial Department duties re alternative sanctions and incarceration programs.
Status: in_force

(1) Oversee and coordinate the implementation of alternative sanctions for both the regular criminal docket and the docket for juvenile matters of the Superior Court;

(2) Evaluate the effectiveness of alternative sanctions and their impact on juvenile and adult offenders, prison and jail overcrowding, court backlogs and community safety;

(3) Plan and establish new alternative sanctions;

(4) Develop criteria for determining the types of offenders appropriate to receive alternative sanctions and for determining the effectiveness of those sanctions for specific offender populations;

(5) Contract with nonprofit organizations providing alternative incarceration programs, halfway houses and other similar services;

(6) Contract for independent evaluations with respect to the use of alternative sanctions;

(7) Apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals;

(8) Enter into agreements with the United States which may be required to obtain federal funds, and do all things necessary to apply or qualify for, accept and distribute any state and federal funds allotted under any federal or state law for alternative incarceration programs;

(9) Enter into contracts and cooperate with local government units and any combination of such units to carry out the duties imposed by this section;

(10) Enter into agreements necessary, convenient or desirable for carrying out the purposes of this section with foundations, agencies, corporations and other businesses or individuals; and

(11) Accept gifts or donations of funds, services, materials or property from any source and use such gifts or donations as is appropriate to implement the provisions of this section.
Conn. Gen. Stat. § 54-56b — Connecticut Code / Title 54 / Chapter 960 / Section 54-56b
Sec. 54-56b. Right to dismissal or trial on nolle.
Status: in_force

Cited. 180 C. 153. The court must accept the entry of nolle prosequi for the record unless it is persuaded that prosecutor's exercise of discretion is clearly contrary to manifest public interest. 185 C. 199. Cited. 191 C. 27; 198 C. 435. Entry of nolles over defendant's objection fits within exception to rule of finality allowing appeal of interlocutory trial court rulings that, if erroneous, cannot later be remedied. 209 C. 52. Gives defendant the right to have criminal charge disposed of with finality by dismissal with prejudice. Id., 133. Cited. 214 C. 616; 233 C. 44; 240 C. 590. Trial court properly allowed the entry of nolle prosequi based on the state's representations that a key witness against defendant was unavailable due to the witness' intent to assert his fifth amendment privilege against self-incrimination, and the court was not required to conduct an evidentiary hearing re the state's representations; nolle prosequi functionally converted into a dismissal without prejudice pursuant to Sec. 54-142a(c) after 13 months had elapsed, therefore the state was not barred from bringing charges against defendant 4 years later and defendant's right to a speedy trial was not violated. 289 C. 598. Prosecutor representations that key witness suffered from a disability that prevented her from being able to testify fell within range of good faith disagreement re meaning of “disabled” under section and trial court properly deferred to prosecutor's exercise of discretion. 331 C. 658.

Cited. 5 CA 347; 10 CA 217; 11 CA 224; 40 CA 705; judgment reversed, see 240 C. 590; 44 CA 162. Defendant's objection to entry of nolle made 7 weeks after it had been entered was not timely and fell outside limited jurisdiction retained by the court following the entry of nolle. 111 CA 397. Defendant's infraction ticket was a complaint and, therefore, he was entitled to object to the entry of nolle and demand a trial or a dismissal. 143 CA 194. The phrase “has . . . become disabled” does not mean “unavailable” and was not intended to extend to instances in which the state lacks the ability to compel a witness to testify at trial; the term “disappeared” does not mean absent from the jurisdiction. 179 CA 676.
Conn. Gen. Stat. § 54-47h — Connecticut Code / Title 54 / Chapter 960 / Section 54-47h
Sec. 54-47h. Report.
Status: in_force

Cited. 202 C. 541; 204 C. 259; 207 C. 98; 213 C. 66. Appellate review under section must be forwarded on an action brought to the trial court; there was no basis for appeal from determinations of grand jury panel before effective date of P.A. 88-345, i.e. June 7, 1988. 221 C. 625.

Cited. 16 CA 679; 17 CA 395; 20 CA 447.

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-56i — Connecticut Code / Title 54 / Chapter 960 / Section 54-56i
Sec. 54-56i. Pretrial drug education and community service program.
Status: in_force

(b) Upon application by any such person for participation in such program, the court shall, but only as to the public, order the court file sealed, and such person shall pay to the court an application fee of one hundred dollars and a nonrefundable evaluation fee of one hundred fifty dollars, except as provided in subsection (l) of this section. A person shall be ineligible for participation in such pretrial drug education and community service program if such person has twice previously participated in (1) the pretrial drug education program established under the provisions of this section in effect prior to October 1, 2013, (2) the community service labor program established under section 53a-39c , (3) the pretrial drug education and community service program established under this section, or (4) any of such programs, except that the court may allow a person who has twice previously participated in such programs to participate in the pretrial drug education and community service program one additional time, for good cause shown. The evaluation and application fee imposed under this subsection shall be credited to the pretrial account established under section 54-56k .

(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, the court shall refer such person (1) to the Court Support Services Division for confirmation of the eligibility of the applicant, (2) to the Department of Mental Health and Addiction Services for evaluation and determination of an appropriate drug education or substance abuse treatment program for the first or second time such application is granted, and (3) to a state-licensed substance abuse treatment program for evaluation and determination of an appropriate substance abuse treatment program for the third time such application is granted, except that, if such person is a veteran, the court may refer such person to the Department of Veterans Affairs or the United States Department of Veterans Affairs, as applicable, for any such evaluation and determination. For the purposes of this subsection and subsection (d) of this section, “veteran” has the same meaning as provided in section 27-103 .

(d) (1) (A) Upon confirmation of eligibility and receipt of the evaluation and determination required under subsection (c) of this section, such person shall be placed in the pretrial drug education and community service program and referred by the Court Support Services Division for the purpose of receiving appropriate drug education services or substance abuse treatment program services, as recommended by the evaluation conducted pursuant to subsection (c) of this section and ordered by the court, to the Department of Mental Health and Addiction Services or to a state-licensed substance abuse treatment program for placement in the appropriate drug education or substance abuse treatment program, except that, if such person is a veteran, the division may refer such person to the Department of Veterans Affairs or the United States Department of Veterans Affairs, subject to the provisions of subdivision (2) of this subsection.

(B) Persons who have been granted entry into the pretrial drug education and community service program for the first time shall participate in either a fifteen-session drug education program or a substance abuse treatment program of not less than fifteen sessions, as ordered by the court on the basis of the evaluation and determination required under subsection (c) of this section. Persons who have been granted entry into the pretrial drug education and community service program for the second time shall participate in either a fifteen-session drug education program or a substance abuse treatment program of not less than fifteen sessions, as ordered by the court based on the evaluation and determination required under subsection (c) of this section. Persons who have been granted entry into the pretrial drug education and community service program for a third time shall be referred to a state-licensed substance abuse program for evaluation and participation in a course of treatment as ordered by the court based on the evaluation and determination required under subsection (c) of this section.

(C) Persons who have been granted entry into the pretrial drug education and community service program shall also participate in a community service program administered by the Court Support Services Division pursuant to section 53a-39c . Persons who have been granted entry into the pretrial drug education and community service program for the first time shall participate in the community service program for a period of five days. Persons who have been granted entry into the pretrial drug education and community service program for the second time shall participate in the community service program for a period of fifteen days. Persons who have been granted entry into the pretrial drug education and community service program for a third or additional time shall participate in the community service program for a period of thirty days.

(D) Placement in the pretrial drug education and community service program pursuant to this section shall not exceed one year. Persons receiving substance abuse treatment program services in accordance with the provisions of this section shall only receive such services at state-licensed substance abuse treatment program facilities that are in compliance with all state standards governing the operation of such facilities, except that, if such person is a veteran, such person may receive services from facilities under the supervision of the Department of Veterans Affairs or the United States Department of Veterans Affairs, subject to the provisions of subdivision (2) of this subsection.

(E) Any person who enters the pretrial drug education and community service program shall agree: (i) To the tolling of the statute of limitations with respect to such crime; (ii) to a waiver of such person's right to a speedy trial; (iii) to complete participation in the pretrial drug education and community service program, as ordered by the court; (iv) to commence participation in the pretrial drug education and community service program not later than ninety days after the date of entry of the court order unless granted a delayed entry into the program by the court; and (v) upon completion of participation in the pretrial drug education and community service program, to accept (I) placement in a treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services or a provider under the supervision of the Department of Veterans Affairs or the United States Department of Veterans Affairs, or (II) placement in a treatment program that 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 Court Support Services Division deems it appropriate.

(2) The Court Support Services Division may only refer a veteran to the Department of Veterans Affairs or the United States Department of Veterans Affairs for the receipt of services under the program if (A) the division determines that such services will be provided in a timely manner under standards substantially similar to, or higher than, standards for services provided by the Department of Mental Health and Addiction Services under the program, and (B) the applicable department agrees to submit timely program participation and completion reports to the division in the manner required by the division.

(e) If the Court Support Services Division 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 and such person did not request, or the court denied, reinstatement in the program under subsection (i) of this section, the court shall order the court file 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, such person may apply for dismissal of the charges against such person and the court, on reviewing the record of such person's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If such person does not apply for dismissal of the charges against such person after satisfactorily completing the assigned program, the court, upon receipt of the record of such person's participation in such program submitted by the Court Support Services Division, 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 of time to allow such person to complete the assigned program. A record of participation in such program shall be retained by the Court Support Services Division for a period of ten years from the date the court grants the application for participation in the program.

(g) At the time the court grants the application for participation in the pretrial drug education and community service program, any person ordered to participate in such drug education program shall pay to the court a nonrefundable program fee of six hundred dollars. If the court orders participation in a substance abuse treatment program, such person shall pay to the court a nonrefundable program fee of one hundred dollars and shall be responsible for the costs associated with such program. No person may be excluded from any such program for inability to pay such fee or cost, and the court shall waive any such fee or cost if such person is found eligible to have such fee or cost waived under subsection (l) of this section. If the court waives the costs for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k . 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 and community service program or fails to complete the assigned program, the program fee shall not be refunded. All program fees shall be credited to the pretrial account established under section 54-56k .

(h) If a person returns to court with certification from a program provider that such person did not successfully complete the assigned program or is no longer amenable to treatment, the provider, to the extent practicable, shall include a recommendation to the court as to whether placement in a drug education program or placement in a substance abuse treatment program would best serve such person's needs. The provider shall also indicate whether the current program referral was an initial referral or a reinstatement to the program.

(i) When a person subsequently requests reinstatement into a drug education program or a substance abuse treatment program and the Court Support Services Division verifies that such person is eligible for reinstatement into such program and thereafter the court favorably acts on such request, any person reinstated into such drug education program shall pay a nonrefundable program fee of two hundred fifty dollars, and any person reinstated into a substance abuse treatment program shall be responsible for the costs, if any, associated with being reinstated into the treatment program, unless such person is found eligible to have such fee or costs waived under subsection (l) of this section. All program fees collected in connection with a reinstatement to a drug education program shall be credited to the pretrial account established under section 54-56k . No person shall be permitted more than two program reinstatements pursuant to this subsection.

(j) The Department of Mental Health and Addiction Services shall develop standards and oversee appropriate drug education programs that it administers 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, to establish standards for such drug education programs.

(k) Any person whose employment or residence or schooling makes it unreasonable to attend a drug education program or substance abuse treatment program in this state may attend a program in another state that has standards similar to, or higher than, those of this state, subject to the approval of the court and payment of the program fee or costs as provided in this section.

(l) The court shall waive any fee or cost under subsection (b), (g) or (i) of this section for any person who (1) files with the court an affidavit of indigency or inability to pay, has such indigency confirmed by the Court Support Services Division and the court enters a finding thereof, or (2) has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296 . The court shall not require a person to perform community service in lieu of payment of such fee or cost, if such fee or cost is waived.

(m) A court may not grant an application to participate in the pretrial drug education and community service program under this section on or after April 1, 2022. Anyone participating in the program on April 1, 2022, may continue such participation until successful completion of the program or termination of participation in the program after any possible reinstatements in the program.
Conn. Gen. Stat. § 54-300 — Connecticut Code / Title 54 / Chapter 970 / Section 54-300
Sec. 54-300. Sentencing Commission.
Status: in_force

(b) The mission of the commission shall be to review the existing criminal sentencing structure in the state and any proposed changes thereto, including existing statutes, proposed criminal justice legislation and existing and proposed sentencing policies and practices and make recommendations to the Governor, the General Assembly and appropriate criminal justice agencies.

(c) In fulfilling its mission, the commission shall recognize that: (1) The primary purpose of sentencing in the state is to enhance public safety while holding the offender accountable to the community, (2) sentencing should reflect the seriousness of the offense and be proportional to the harm to victims and the community, using the most appropriate sanctions available, including incarceration, community punishment and supervision, (3) sentencing should have as an overriding goal the reduction of criminal activity, the imposition of just punishment and the provision of meaningful and effective rehabilitation and reintegration of the offender, and (4) sentences should be fair, just and equitable while promoting respect for the law.

(d) The commission shall be composed of the following members:

(1) Eight persons appointed one each by: (A) The Governor, (B) the Chief Justice of the Supreme Court, (C) the president pro tempore of the Senate, (D) the speaker of the House of Representatives, (E) the majority leader of the Senate, (F) the majority leader of the House of Representatives, (G) the minority leader of the Senate, and (H) the minority leader of the House of Representatives, all of whom shall serve for a term of four years;

(2) Two judges appointed by the Chief Justice of the Supreme Court, one of whom shall serve for a term of one year and one of whom shall serve for a term of three years;

(3) One representative of the Court Support Services Division of the Judicial Branch appointed by the Chief Justice of the Supreme Court, who shall serve for a term of two years;

(4) The Commissioner of Correction, who shall serve for a term coterminous with his or her term of office;

(5) The Chief State's Attorney, who shall serve for a term coterminous with his or her term of office;

(6) The Chief Public Defender, who shall serve for a term coterminous with his or her term of office;

(7) One state's attorney appointed by the Chief State's Attorney, who shall serve for a term of three years;

(8) One member of the criminal defense bar appointed by the president of the Connecticut Criminal Defense Lawyers Association, who shall serve for a term of three years;

(9) The Victim Advocate, who shall serve for a term coterminous with his or her term of office;

(10) The chairperson of the Board of Pardons and Paroles, who shall serve for a term coterminous with his or her term of office;

(11) The Commissioner of Emergency Services and Public Protection, who shall serve for a term coterminous with his or her term of office;

(12) A municipal police chief appointed by the president of the Connecticut Police Chiefs Association, who shall serve for a term of two years;

(13) The Commissioner of Mental Health and Addiction Services, who shall serve for a term coterminous with his or her term of office;

(14) The undersecretary of the Criminal Justice Policy and Planning Division within the Office of Policy and Management, who shall serve for a term coterminous with his or her term of office; and

(15) An active or retired judge appointed by the Chief Justice of the Supreme Court, who shall serve as chairperson of the commission and serve for a term of four years.

(e) The commission shall elect a vice-chairperson from among the membership. Appointed members of the commission shall serve for the term specified in subsection (d) of this section and may be reappointed. Any vacancy in the appointed membership of the commission shall be filled by the appointing authority for the unexpired portion of the term.

(f) The commission shall:

(1) Facilitate the development and maintenance of a state-wide sentencing database in collaboration with state and local agencies, using existing state databases or resources where appropriate;

(2) Evaluate existing sentencing statutes, policies and practices including conducting a cost-benefit analysis;

(3) Conduct sentencing trends analyses and studies and prepare offender profiles;

(4) Provide training regarding sentencing and related issues, policies and practices;

(5) Act as a sentencing policy resource for the state;

(6) Preserve judicial discretion and provide for individualized sentencing;

(7) Evaluate the impact of pretrial, sentencing diversion, incarceration and post-release supervision programs;

(8) Perform fiscal impact analyses on selected proposed criminal justice legislation; and

(9) Identify potential areas of sentencing disparity related to racial, ethnic, gender and socioeconomic status.

(g) Upon completing the development of the state-wide sentencing database pursuant to subdivision (1) of subsection (f) of this section, the commission shall review criminal justice legislation as requested and as resources allow.

(h) The commission shall make recommendations concerning criminal justice legislation, including proposed modifications thereto, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary which shall hold a hearing thereon.

(i) The commission shall have access to confidential information received by sentencing courts and the Board of Pardons and Paroles including, but not limited to, arrest data, criminal history records, medical records and other nonconviction information.

(j) The commission shall obtain full and complete information with respect to programs and other activities and operations of the state that relate to the criminal sentencing structure in the state.

(k) The commission may request any office, department, board, commission or other agency of the state or any political subdivision of the state to supply such records, information and assistance as may be necessary or appropriate in order for the commission to carry out its duties. Each officer or employee of such office, department, board, commission or other agency of the state or any political subdivision of the state is authorized and directed to cooperate with the commission and to furnish such records, information and assistance.

(l) The commission may accept, on behalf of the state, any grants of federal or private funds made available for any purposes consistent with the provisions of this section.

(m) Any records or information supplied to the commission that is confidential in accordance with any provision of the general statutes shall remain confidential while in the custody of the commission and shall not be disclosed. Any penalty for the disclosure of such records or information applicable to the officials, employees and authorized representatives of the office, department, board, commission or other agency of the state or any political subdivision of the state that supplied such records or information shall apply in the same manner and to the same extent to the members, staff and authorized representatives of the commission.

(n) The commission shall be deemed to be a criminal justice agency as defined in subsection (b) of section 54-142g .

(o) The commission shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary.

(p) Not later than January 15, 2012, and annually thereafter, the commission shall submit a report, in accordance with the provisions of section 11-4a , to the Governor, the General Assembly and the Chief Justice of the Supreme Court.

See Sec. 4-38f for definition of “administrative purposes only”.
Conn. Gen. Stat. § 54-47c — Connecticut Code / Title 54 / Chapter 960 / Section 54-47c
Sec. 54-47c. Application for investigation into commission of crime.
Status: in_force

(b) Each application for an investigation into the commission of a crime or crimes shall be made in writing upon oath or affirmation to a panel of judges. Each application shall include the following information: (1) The identity of the applicant and his authority to make such application; (2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his reasonable belief that the investigation will lead to a finding of probable cause that a crime or crimes have been committed; and (3) a full and complete statement of the facts concerning all previous applications known to the applicant, made to any panel of judges, for investigation of any one or more of the same criminal offenses involving any of the same persons specified in the application, including the action taken by the panel on each such application. The panel of judges may require such additional testimony or documentary evidence in support of facts in the application as it deems necessary. Such additional testimony shall be transcribed.

(c) If the application is made by the Chief State's Attorney or a state's attorney, it shall also include (1) a full and complete statement of the status of the investigation and of the evidence collected as of the date of such application, (2) if other normal investigative procedures have been tried with respect to the alleged crime, a full and complete statement specifying the other normal investigative procedures that have been tried and the reasons such procedures have failed or the specific nature of the alleged crime or the nature of the investigation that leads the applicant to reasonably conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, (3) if other normal investigative procedures have not been tried, a full and complete statement of the reasons such procedures reasonably appear to be unlikely to succeed if tried or be too dangerous to employ, and (4) a full and complete statement of the reasons for the applicant's belief that the appointment of an investigatory grand jury and the investigative procedures employed by such investigatory grand jury will lead to a finding of probable cause that a crime or crimes have been committed.

(d) The panel may approve the application and order an investigation into the commission of a crime or crimes if it finds that (1) the administration of justice requires an investigation to determine whether or not there is probable cause to believe that a crime or crimes have been committed, (2) if the application was made by the Chief State's Attorney or a state's attorney, other normal investigative procedures with respect to the alleged crime have been tried and have failed or reasonably appear to be unlikely to succeed if tried or be too dangerous to employ or, due to the specific nature of the alleged crime or the nature of the investigation, it is reasonable to conclude that the use of normal investigative procedures would not result in the obtaining of information that would advance the investigation or would fail to secure and preserve evidence or testimony that might otherwise be compromised, and (3) the investigative procedures employed by an investigatory grand jury appear likely to succeed in determining whether or not there is probable cause to believe that a crime or crimes have been committed.

Cited. 202 C. 541; 204 C. 259; 206 C. 203; 207 C. 98; 213 C. 66; 221 C. 625; 224 C. 29.

Cited. 16 CA 679; 17 CA 395; 20 CA 447.

Cited. 45 CS 1.
Conn. Gen. Stat. § 54-91g — Connecticut Code / Title 54 / Chapter 961 / Section 54-91g
Sec. 54-91g. Sentencing of a child for class A or B felony.
Status: in_force

(1) Consider, in addition to any other information relevant to sentencing, the defendant's age at the time of the offense, the hallmark features of adolescence, and any scientific and psychological evidence showing the differences between a child's brain development and an adult's brain development; and

(2) Consider, if the court proposes to sentence the child to a lengthy sentence under which it is likely that the child will die while incarcerated, how the scientific and psychological evidence described in subdivision (1) of this subsection counsels against such a sentence.

(b) Notwithstanding the provisions of section 54-91a , no presentence investigation or report may be waived with respect to a child convicted of a class A or B felony. Any presentence report prepared with respect to a child convicted of a class A or B felony shall address the factors set forth in subparagraphs (A) to (D), inclusive, of subdivision (1) of subsection (a) of this section.

(c) Whenever a child is sentenced pursuant to subsection (a) of this section, the court shall indicate the maximum period of incarceration that may apply to the child and whether the child may be eligible to apply for release on parole pursuant to subdivision (1) of subsection (f) of section 54-125a .

(d) The Court Support Services Division of the Judicial Branch shall compile reference materials relating to adolescent psychological and brain development to assist courts in sentencing children pursuant to this section.

Legislature did not intend for section to apply retroactively, and nothing in the text or legislative history of section suggests that legislature intended that all juveniles convicted of a class A or B felony who were sentenced without consideration of the age related mitigating factors identified in Miller v. Alabama , 132 S. Ct. 2455, would be sentenced. 323 C. 801. Section did not apply to defendant, who was seventeen years old when he committed his crimes, because section does not apply retroactively to defendants who, although under the age of eighteen when they committed their crimes, were initially charged and tried as adults and because he was not a child under the applicable law when his crimes were committed, was charged as an adult and prosecuted under the regular criminal docket, his case was not transferred from the juvenile docket to the regular criminal docket, and he was not convicted pursuant to such transfer. 341 C. 97.

Express language of section makes no reference to a presumption or a specific finding that court was required to make in order to overcome that purported presumption. 190 CA 1. Section does not create presumption against the imposition of life imprisonment on a juvenile defendant and the court was not required to make finding that defendant was incorrigible, irreparably corrupt, or irretrievably depraved. 192 CA 738; judgment affirmed, see 341 C. 97.
Conn. Gen. Stat. § 54-36a — Connecticut Code / Title 54 / Chapter 959 / Section 54-36a
Sec. 54-36a. Definitions. Inventory. Return of stolen property. Disposition of other seized property. Return of compliance.
Status: in_force

(b) (1) Whenever property is seized in connection with a criminal arrest or seized pursuant to a search warrant without an arrest, the law enforcement agency seizing such property shall file, on forms provided for this purpose by the Office of the Chief Court Administrator, an inventory of the property seized. The inventory, together with the uniform arrest report, in the case of an arrest, shall be filed with the clerk of the court for the geographical area in which the criminal offense is alleged to have been committed; except, when the property is stolen property and, in the opinion of the law enforcement officer, does not exceed one thousand dollars in value, or when an attempt was made to steal the property but the property at all times remained on the premises in a sealed container, the filing of an inventory shall not be required and such property may be returned to the owner. In the case of property seized in connection with a search warrant without an arrest, the inventory shall be attached to the warrant and shall be filed with the clerk of the court for the geographical area in which the search warrant was issued. If any criminal proceeding is transferred to another court location, then the clerk with whom the inventory is filed shall transfer such inventory to the clerk of the court location to which such action is transferred.

(2) If the seized property is stolen property, within ten days of the seizure, the law enforcement agency seizing the property shall notify the owner of the property if known, or, if the owner of the property is unknown at the time of seizure, such agency shall within ten days of any subsequent ascertainment of the owner notify such owner, and, on a form prescribed by the Office of the Chief Court Administrator, advise the owner of such owner's rights concerning the property and the location of the property. Such written notice shall include a request form for the return of the property. The owner may request the return of the property by filing such request form with such law enforcement agency, and upon receipt of such request, the law enforcement agency shall forward it to the clerk of the court for the geographical area in which the criminal offense is alleged to have been committed. The clerk of the court shall notify the defendant or defendants of the request to return the property. The court shall order the return of the property within thirty days of the date of filing such return request by the owner, except that for good cause shown, the court may order retention of the property for a period to be determined by the court. Any secondary evidence of the identity, description or value of such property shall be admissible in evidence against such defendant in the trial of such case. The fact that the evidence is secondary in nature may be shown to affect the weight of such evidence, but not to affect its admissibility. If the stolen property is a motor vehicle, a photograph of the motor vehicle and a sworn affidavit attesting to the vehicle identification number of such motor vehicle shall be sufficient evidence of the identity of the motor vehicle. For the purposes of this subdivision, “motor vehicle” means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1 , and includes construction equipment, agricultural tractors and farm implements.

(3) (A) If the seized property is currency and is stolen property, the law enforcement agency seizing the currency shall follow the procedures set forth in subdivision (2) of this subsection.

(B) If the seized property is currency and is not stolen property, the law enforcement agency seizing the currency shall, within ten days of such seizure, notify the defendant or defendants, if such currency was seized in connection with a criminal arrest, or the person or persons having a possessory interest in the premises from which such currency was seized, if such currency was seized pursuant to a search warrant without an arrest, that such defendant or person has the right to a hearing before the Superior Court on the disposition of the currency. Such defendant or person may, not later than thirty days after receiving such notice, request a hearing before the Superior Court. The court may, after any such hearing, order that the law enforcement agency, after taking reasonable measures to preserve the evidentiary value of the currency, deposit the currency in a deposit account in the name of the law enforcement agency as custodian for evidentiary funds at a financial institution in this state or order, for good cause shown, that the currency be retained for a period to be determined by the court. If such defendant or person does not request a hearing, the law enforcement agency may, after taking reasonable measures to preserve the evidentiary value of the currency, deposit the currency in a deposit account in the name of the law enforcement agency as custodian for evidentiary funds at a financial institution in this state.

(C) If the currency is deposited in a deposit account at a financial institution in this state pursuant to subparagraph (B) of this subdivision, the financial institution at which such deposit account is established shall not be required to segregate the currency deposited in such deposit account. No funds may be withdrawn from such deposit account except pursuant to a court order directed to the financial institution. Any withdrawal of funds from such deposit account shall be in the form of a check issued by the financial institution to the law enforcement agency or to such other payee as the court may order. Nothing in this subdivision shall prohibit a financial institution from charging a fee for the maintenance and administration of such deposit account and for the review of the court order.

(D) If the currency is deposited in a deposit account at a financial institution in this state pursuant to subparagraph (B) of this subdivision, any secondary evidence of the identity, description or value of such currency shall be admissible in evidence against a defendant in the trial of a criminal offense. The fact that the evidence is secondary in nature may be shown to affect the weight of such evidence, but not to affect its admissibility.

(c) Unless such seized property is stolen property and is ordered returned pursuant to subsection (b) of this section or unless such seized property is adjudicated a nuisance in accordance with section 54-33g , or unless the court finds that such property shall be forfeited or is contraband, or finds that such property is a controlled drug or controlled substance as defined in section 21a-240 , or drug paraphernalia as defined in subdivision (20) of section 21a-240 , it shall, at the final disposition of the criminal action or as soon thereafter as is practical, or, if there is no criminal action, at any time upon motion of the prosecuting official of such court, order the return of such property to its owner within six months upon proper claim therefor.

(d) When the court orders the return of the seized property to the owner, the order shall provide that if the seized property is not claimed by the owner within six months, the property shall be destroyed or be given to a charitable or educational institution or to a governmental agency or institution, except that (1) if such property is money it shall be remitted to the state and shall be deposited in the General Fund or (2) if such property is a valuable prize it shall be disposed of by public auction or private sale in which case the proceeds shall become the property of the state and shall be deposited in the General Fund; provided any person who has a bona fide mortgage, assignment of lease or rent, lien or security interest in such property shall have the same right to the proceeds as such person had in the property prior to the sale.

(e) If such seized property is adjudicated a nuisance or if the court finds that such property shall be forfeited or is contraband other than a controlled drug or controlled substance as defined in section 21a-240 , or drug paraphernalia as defined in subdivision (20) of section 21a-240 , the court shall order that such property be destroyed or be given to a charitable or educational institution or to a governmental agency or institution, except that (1) if such property is money, the court shall order that it be remitted to the state and be deposited in the General Fund, or (2) if such property is a valuable prize, the court shall order that it be disposed of by public auction or private sale in which case the proceeds shall become the property of the state and shall be deposited in the General Fund; provided any person who has a bona fide mortgage, assignment of lease or rent, lien or security interest in such property shall have the same right to the proceeds as such person had in the property prior to sale.

(f) If the court finds that such seized property is fireworks as defined in section 29-356 , the court shall order the forfeiture and destruction of such property. Any secondary evidence of the identity, description or value of such property shall be admissible in evidence against the defendant in the trial of the case. A photograph of the fireworks and a sworn affidavit describing such fireworks shall be sufficient evidence of the identity of the fireworks. The fact that the evidence is secondary in nature may be shown to affect the weight of such evidence, but not to affect its admissibility.

(g) If the court finds that such seized property is a controlled drug or controlled substance as defined in section 21a-240 , or drug paraphernalia as defined in subdivision (20) of section 21a-240 , the court shall order the forfeiture and destruction of such property or order it delivered to the Commissioner of Consumer Protection pursuant to section 54-36g .

(h) Any order made under the provisions of subsections (b), (c), (d), (e), (f) and (g) of this section or section 54-33f or 54-33g , shall upon notification from the clerk, be complied with by the person or department having custody or possession of such property.

(i) A return of compliance with the court order, on a form prescribed by the Office of the Chief Court Administrator, shall be filed with the clerk of the court by the person or department to whom notice is sent in accordance with the provisions of subsection (h) of this section. If the court ordered the seized property returned to the owner within six months upon proper claim therefor, the return of the compliance shall be filed within seventy-two hours of the return of the property to the owner. If the owner does not claim the property within six months, then the return of compliance shall be filed within seventy-two hours of compliance with the order of the court pursuant to subsection (d) of this section. Failure to comply with the court order within ninety days following expiration of the period within which the owner of the property may claim the property shall constitute criminal contempt. If the court renders an order concerning the disposition of the property other than an order to return the property to the owner, the return of compliance shall be filed with the clerk within seventy-two hours of compliance with the court order. Failure to comply with the court order within ninety days of receipt of such order shall constitute criminal contempt. Failure to file a return of compliance as set forth in this subsection shall constitute criminal contempt. Anyone convicted of criminal contempt may be punished by a fine of not more than one hundred dollars. Each failure to comply with a court order and each failure to file a return of compliance within the required period shall constitute a separate criminal contempt.

Cited. 181 C. 388; 192 C. 98; 204 C. 259; 242 C. 666.

Cited. 5 CA 540; 10 CA 130; 23 CA 215; 30 CA 249; 33 CA 409. Denial of request for return of seized property pursuant to statute was appealable and plaintiff improperly brought a writ of error. 107 CA 760. Statute does not apply to money found near drugs and seized at the same time as an arrest for violations of drug laws. 108 CA 533.

Cited. 35 CS 659; 36 CS 352; 39 CS 392.

Subsec. (a):

The mere possibility of civil judgment concluding that defendant holds legal lien or security interest in property at issue was insufficient to establish defendant as the owner of such property for purposes of Subsec. 154 CA 405.

Subsec. (b):

Where stolen jewelry was inadvertently returned to owner without notifying defendant, admission of secondary evidence not improper where defendant had opportunity to cross-examine and challenge value of stolen property claimed by state. 133 CA 681.

Subsec. (c):

Statute authorizes the forfeiture in this case, prior to enactment of the 1984 amendment to Sec. 54-33g, which incorporated seizure as a result of a warrantless arrest. 196 C. 471.

So long as a nexus exists between the seized and the crimes charged, it is irrelevant whether the property is contraband. 177 CA 129.

Use of radar detection device not “crime” so as to warrant forfeiture of device. 36 CS 551.
Conn. Gen. Stat. § 54-76c — Connecticut Code / Title 54 / Chapter 960a / Section 54-76c
Sec. 54-76c. Eligibility to be adjudged a youthful offender. Transfer of cases.
Status: in_force

(b) (1) Upon motion of the prosecuting official and order of the court, the case of any defendant who is a youth and is charged with the commission of a felony, other than a felony set forth in subsection (a) of this section, shall be transferred from the youthful offender docket to the regular criminal docket of the Superior Court, provided the court finds that there is probable cause to believe the defendant has committed the act for which he or she is charged. The defendant shall be arraigned in the regular criminal docket of the Superior Court by the next court business day following such transfer, provided any proceedings held prior to the finalization of such transfer shall be private and shall be conducted in such parts of the courthouse or the building wherein court is located as shall be separate and apart from the other parts of the court which are then being held for proceedings pertaining to adults charged with crimes. The file of any case so transferred shall remain sealed until the end of the tenth working day following such arraignment, unless the prosecuting official has filed a motion pursuant to subdivision (2) of this subsection, in which case such file shall remain sealed until the court makes a decision on the motion.

(2) A prosecuting official may, not later than ten working days after such arraignment, file a motion to transfer the case of any defendant who is a youth and is charged with the commission of a felony, other than a felony set forth in subsection (a) of this section, from the regular criminal docket of the Superior Court to the youthful offender docket for proceedings in accordance with the provisions of sections 54-76b to 54-76n , inclusive. The court sitting for the regular criminal docket of the Superior Court shall, after hearing and not later than ten working days after the filing of such motion, decide such motion.

Cited. 173 C. 414; 179 C. 98; 188 C. 565; 192 C. 85. Trial court order transferring defendant's case from youthful offender docket to regular criminal docket is not an appealable interlocutory order under 191 C. 27 because it does not conclude the rights of defendant regarding his status as a youthful offender. 300 C. 764.

Cited. 8 CA 607.

Cited. 30 CS 71. Because statutory benefits afforded to defendant under section constitute a liberty interest in youthful offender status and the discretionary transfer of a youthful offender docket to regular criminal docket vests such liberty interest in eligible defendants, due process requires notice and hearing for court to determine independently whether such transfer is appropriate. 51 CS 342.

Subsec. (b):

Subdiv. (1) does not require notice and a hearing before a case may be transferred from youthful offender docket to regular criminal docket, but Subsec. implicitly requires notice and a hearing by the court on regular criminal docket prior to finalization of a transfer of a case from youthful offender docket. 300 C. 748.
Conn. Gen. Stat. § 54-41c — Connecticut Code / Title 54 / Chapter 959a / Section 54-41c
Sec. 54-41c. Information in application.
Status: in_force

Read with Sec. 54-41b, oath or affirmation required can only be that of the state's attorney applicant; acknowledgment is insufficient. 176 C. 17. Application defective for failure of state's attorney to make formal oath or affirmation; statute requires disclosure of prior applications to intercept the conversations of a particular person, not prior interceptions of conversations to which that person was a party. 180 C. 345. Cited. 191 C. 360; 194 C. 447; 199 C. 591; 224 C. 593; 238 C. 692.

Cited. 3 CA 477; 5 CA 207; 7 CA 660; 9 CA 182; 17 CA 587.
Conn. Gen. Stat. § 54-86k — Connecticut Code / Title 54 / Chapter 961 / Section 54-86k
Sec. 54-86k. Admissibility of results of DNA analysis.
Status: in_force

(b) If the results of the DNA analysis tend to exculpate the accused, the prosecuting authority shall disclose such exculpatory information or material to the accused in accordance with section 54-86c .

(c) At least twenty-one days prior to commencement of the proceeding in which the results of a DNA analysis will be offered as evidence, the party intending to offer the evidence shall notify the opposing party, in writing, of the intent to offer the analysis and shall provide or make available copies of the profiles and the report or statement to be introduced. In the event that such notice is not given, and the person proffers such evidence, then the court may in its discretion either allow the opposing party a continuance or, under the appropriate circumstances, bar the person from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under section 54-82c . If the opposing party intends to object to the admissibility of such evidence he shall give written notice of that fact and the basis for his objections at least ten days prior to commencement of the proceedings.

(d) No blood sample submitted to the Division of Scientific Services within the Department of Emergency Services and Public Protection for analysis and use as provided in this section and no results of the analysis performed shall be included in the DNA data bank established by the division pursuant to section 54-102j or otherwise used in any way with identifying information on the person whose sample was submitted.

See Secs. 54-102g to 54-102 l , inclusive, re DNA analysis procedures.

Trial court did not abuse its discretion when it denied defendant's motion to preclude DNA testing results produced by the state shortly before the trial was scheduled to begin where trial court ordered a continuance of the trial because of state's failure to comply with statute's timing requirements and defendant did not establish he was prejudiced by the late disclosure. 304 C. 383.
Conn. Gen. Stat. § 54-56r — Connecticut Code / Title 54 / Chapter 960 / Section 54-56r
Sec. 54-56r. Pretrial impaired driving intervention program.
Status: in_force

(2) The provisions of this section shall not apply to any person:

(A) Who has been placed in the pretrial impaired driving intervention program under this section or the pretrial alcohol education program established under section 54-56g , within ten years immediately preceding the application;

(B) Who has been convicted of a violation of section 14-227a , 14-227g , 14-227m , 14-227n , 15-132a , subsection (d) of section 15-133 or section 15-140 l , 15-140n , 53a-56b or 53a-60d ;

(C) Who has been convicted in any other state at any time of an offense the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of this subdivision;

(D) Who is charged with a violation of section 14-227a , 14-227g , 14-227m or 14-227n (i) and held a commercial driver's license or commercial learner's permit at the time of the violation; or (ii) while operating a commercial motor vehicle, as defined in section 14-1 ; or

(3) Whose alleged violation caused the serious physical injury, as defined in section 53a-3 , of another person, unless good cause is shown.

(b) Upon application for participation in the program:

(1) The court shall, but only as to the public, order the court file sealed;

(2) The applicant shall pay to the court a nonrefundable application fee of one hundred dollars, which shall be credited to the Criminal Injuries Compensation Fund established under section 54-215 , and a nonrefundable evaluation fee of one hundred fifty dollars, which shall be credited to the pretrial account established under section 54-56k ;

(3) The applicant shall agree that, if the court grants the application and places the applicant in the program:

(A) The statute of limitations for any alleged violations for which the court grants the application for the program shall be tolled;

(B) The applicant waives the right to a speedy trial;

(C) The applicant will begin participation in the components of the program ordered by the court not later than ninety days after the date that the Court Support Services Division directs the applicant to attend such components pursuant to subsection (e) of this section, unless the applicant requests a later start date and the division determines that a later start date is appropriate;

(D) The applicant will successfully complete any components of the program ordered by the court;

(E) The applicant will not engage in any conduct that would constitute a violation of (i) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (ii) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section;

(F) To satisfactorily complete the program, the applicant may be required to participate in additional substance use treatment after completing the alcohol education or substance use treatment component of the program that the Court Support Services Division directs the applicant to attend pursuant to subsection (e) of this section, if a program component provider recommends such additional treatment and the division deems it appropriate pursuant to subdivision (3) of subsection (j) of this section, or the court orders the additional treatment.

(c) (1) Immediately following application, the applicant shall send notice, by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator, to any victim who sustained a serious physical injury, as defined in section 53a-3 , as a result of the applicant's alleged violation. The notice shall inform each such victim that the applicant has applied to participate in the pretrial impaired driving intervention program and that the victim has an opportunity to be heard by the court on the application. The court shall provide each such victim an opportunity to be heard prior to granting an application under this section.

(2) If the court determines that any person not entitled to notice pursuant to subdivision (1) of this subsection should be provided an opportunity to be heard on the application, the court may also require the defendant or the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case to send notice of the application to any such person.

(d) (1) 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, and the statement of any victim and any other person required to be notified pursuant to subsection (c) of this section, may, in its discretion, grant the application for, and place the applicant in, the pretrial impaired driving intervention program for a period of one year, subject to confirmation of the applicant's eligibility to participate in the program.

(2) If the court grants the application and places the applicant in the program, the court shall: (A) Refer the person placed in the program to the Court Support Services Division for confirmation of eligibility to participate in the program; and (B) direct the division, (i) if it confirms that such person is eligible for the program, to refer such person to the Department of Mental Health and Addiction Services for evaluation and determination of the appropriate alcohol education or substance use treatment component of the program; or (ii) if it determines that such person is not eligible for the program, to inform the court of such determination and return such person's case to the court for further proceedings.

(3) When granting an application and placing an applicant in the program, the court (A) shall order the applicant to participate in the alcohol education or substance use treatment component of the program recommended by the evaluation conducted pursuant to subparagraph (B)(i) of subdivision (2) of this subsection, and (B) may also order the applicant to participate in a victim impact component for which the applicant must attend a victim impact panel provided by an organization approved by the Court Support Services Division pursuant to subsection (h) of this section.

(e) (1) Except as provided in subdivision (3) of this subsection, upon receipt of the evaluation of any person placed in the program conducted pursuant to subparagraph (B)(i) of subdivision (2) of subsection (d) of this section, the Court Support Services Division shall (A) refer such person to the Department of Mental Health and Addiction Services or to a state-licensed substance use treatment provider with facilities that are in compliance with all state standards governing the operation of such facilities, as appropriate, for the purpose of receiving the alcohol education or substance use treatment component services recommended by such evaluation; and (B) direct such person to attend the recommended alcohol education or substance use treatment component within ninety days unless the division determines that a later start date is appropriate. In making the determination of whether a later start date is appropriate, the division may consider any relevant factors, including, but not limited to, the date upon which the suspension of such person's motor vehicle operator's license pursuant to section 14-227b will expire.

(2) If the court has ordered any person placed in the program to participate in a victim impact component, the division shall (A) refer such person to an organization approved to conduct victim impact panels in accordance with subsection (h) of this section; and (B) direct such person to attend an appropriate victim impact panel.

(3) The division may allow any person placed in the program whose employment, residence, or education makes it unreasonable to participate in any component of the program ordered by the court in this state to participate in the applicable program components in another state if:

(A) The out-of-state program component provider has standards substantially similar to, or higher than, those of this state;

(B) For any substance use treatment component, the out-of-state substance use treatment provider is licensed by the state in which treatment will be provided; and

(C) The person allowed to participate in any components of the program in another state pays the applicable program fee and participation costs required by the applicable out-of-state program component provider.

(4) If the division determines that any person placed in the program has either failed to comply with requirements of any component of the program in which the court has ordered such person to participate, or engaged in any conduct that constitutes a violation of (A) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (B) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section, the division shall inform the court and return such person's case to court for further proceedings.

(f) (1) At the time that the Court Support Services Division directs any person to attend any component of the program, such person shall (A) if directed to attend the alcohol education component, pay to the court a nonrefundable program fee of four hundred dollars, or (B) if directed to attend the substance use treatment component, pay to the court a nonrefundable program fee of one hundred dollars and pay to the treatment provider any costs associated with such treatment, unless the division allows such person to participate in the applicable program component in another state pursuant to subdivision (3) of subsection (e) of this section, in which case such person shall pay the program fee and participation costs required by the out-of-state program component provider. All program fees shall be credited to the pretrial account established under section 54-56k .

(2) Any person directed to attend the victim impact component shall, at the time such person attends the victim impact panel, pay the organization conducting the victim impact panel the participation fee required by such organization.

(3) (A) No person may be excluded from any component of the program because such person is indigent and unable to pay the associated fee or costs, provided (i) such person files with the court an affidavit of indigency and the court enters a finding of such indigency, or (ii) such person has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to section 51-296 . The court shall not require a person to perform community service in lieu of payment of any fee or cost, if such fee or cost is waived.

(B) If the court finds that a person is indigent and unable to pay for the program application or evaluation fee for the program, the court may waive all or any portion of these fees.

(C) If the court finds that a person is indigent and unable to pay for the alcohol education component of the program, the court may waive all or any portion of the program fee for that component, provided that such person participates in alcohol education services offered by a provider located in this state.

(D) If the court finds that a person is indigent and unable to pay for the substance use treatment component of the program, the court may waive all or any portion of the program fee for that component and the costs of such treatment, provided that such person participates in such treatment at a substance use treatment provider licensed by and located in this state. Any costs waived under this subparagraph shall be paid by the Department of Mental Health and Addiction Services.

(E) Notwithstanding any provision of this section, the court shall not waive any fee or cost required by any out-of-state program component provider, and the Department of Mental Health and Addiction Services shall not pay any fees or costs associated with education or substance use treatment provided outside of this state.

(g) (1) If the Court Support Services Division returns to court the case of any person placed in the program whom the division has determined is not eligible for the program, and the court finds that such person is not eligible to participate in the program, the court shall revoke such person's placement in the program.

(2) If the Court Support Services Division returns to court the case of any person placed in the program whom the division has learned has failed to comply with requirements of any component of the program in which the court has ordered such person to participate, or engaged in any conduct that constitutes a violation of (A) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (B) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section, and the court finds that such person is no longer eligible to continue participating in the program, the court shall terminate such person's participation in the program.

(3) If the court revokes any person's placement in the program or terminates any person's participation in the program, the court shall order the court file to be unsealed, enter a plea of not guilty for such person, and immediately place the case on the trial list unless such person is eligible for, such person requests and the court grants such person reinstatement into the program pursuant to subsection (m) of this section.

(4) (A) If the court revokes any person's placement in the program, such person shall not be required to pay any program fee or participation costs specified in subsection (f) of this section.

(B) If the court terminates any person's participation in the program, no program fees or substance use treatment costs imposed pursuant to subsection (f) of this section shall be refunded.

(h) The Court Support Services Division shall approve a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or drugs, or both, to provide victim impact panels for the victim impact component of the program. Victim impact panels shall provide a non-confrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences of the impact of alcohol-related or drug-related incidents in their lives. Such organization may assess a participation fee of not more than seventy-five dollars per panel on any person ordered to participate in the victim impact component of the program, provided that such organization offers a hardship waiver of the participation fee when it determines that the imposition of the fee would pose an economic hardship for such person.

(i) The Department of Mental Health and Addiction Services shall administer the alcohol education component of the program and shall adopt regulations, in accordance with chapter 54, to establish standards for such alcohol education component. The department may contract with service providers to provide the appropriate alcohol education component in accordance with the provisions of this section. The department may combine the services for the alcohol education component of the program under the provisions of this section with the services for the drug education component of the drug intervention and community service program under section 54-56q , if necessary to ensure the appropriate and timely access to court ordered education components. Participation by a person in any combined alcohol and drug education services provided by the department for the alcohol education component of the program under the provisions of this section shall not be deemed participation in, nor shall affect such person's eligibility for, the drug intervention and community service program under the provisions of section 54-56q .

(j) (1) All program component providers shall provide the Court Support Services Division with a certification regarding the participation of each person referred to such provider pursuant to this section in the manner required by the division. (A) If such person has successfully completed the applicable program component, the certification shall indicate such successful completion and state whether additional substance use treatment is recommended. (B) If such person has failed to successfully complete the applicable program component, the certification shall indicate the reasons for such failure, whether the person is no longer amenable to education or treatment and whether the current referral was an initial referral under subsection (e) of this section or a reinstatement under subsection (m) of this section for the program component. The certification of failure shall also, to the extent practicable, include a recommendation as to whether an alternative alcohol education or substance use treatment component would best serve such person's needs.

(2) Except as provided in subdivision (3) of this subsection, upon receipt of a participation certification from any program component provider pursuant to this subsection, the Court Support Services Division shall provide the court with a final progress report indicating whether such person has successfully completed any components of the program ordered by the court, whether the division required such person to participate in any additional substance use treatment in accordance with subdivision (3) of this subsection and whether such person successfully completed any such additional substance use treatment. The final progress report shall also include any other information the division obtained during the supervision of such person relevant to such person's participation in the program, including whether the results of a criminal history record check, which the division shall complete prior to the submission of the final progress report, reveals that such person has engaged in any conduct that constitutes a violation of (A) any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section; or (B) any statutory provision in any other state the essential elements of which are substantially the same as any statutory provision set forth in subparagraph (B) of subdivision (2) of subsection (a) of this section, during such person's period of participation in the program.

(3) If a participation certification indicates that a person who was placed in the program successfully completed the alcohol education or substance use treatment component ordered by the court, but the program component provider recommends additional substance use treatment for such person, the Court Support Services Division may, if it deems such additional treatment appropriate, require such person to participate in the recommended additional substance use treatment in order to satisfactorily complete the pretrial impaired driving intervention program. If the division requires such additional substance use treatment, the division shall provide the court with a final progress report in accordance with subdivision (2) of this subsection upon receipt of the participation certification from the substance use treatment provider for such additional treatment.

(k) (1) If any person successfully completes all components of the program ordered by the court and any additional substance use treatment required by the Court Support Services Division, such person may apply for dismissal of the charges against such person at the conclusion of such person's period of participation in the program. Upon application, the court shall review the final progress report submitted by the division regarding such person and any other relevant information. If the court finds that such person has satisfactorily completed the pretrial impaired driving intervention program, the court shall dismiss the charges.

(2) If any person who has successfully completed all components of the program ordered by the court and any additional substance use treatment required by the Court Support Services Division does not apply for dismissal of the charges against such person at the conclusion of such person's period of participation in the program, the court may, upon its own motion, review the final progress report regarding such person submitted by the division and any other relevant information. If the court finds that such person has satisfactorily completed the pretrial impaired driving intervention program, the court shall dismiss the charges.

(3) Upon the motion of any person placed in the program and a showing of good cause, the court may extend the program placement period for a reasonable period of time to allow such person to complete the applicable program components.

(l) If, upon review of the final progress report submitted by the Court Support Services Division or any other relevant information, the court finds that any person placed in the program has failed to successfully complete any component of the program ordered by the court, is no longer amenable to treatment or is otherwise ineligible to continue participating in the program, the court shall terminate such person's participation in the program. No program fees or substance use treatment costs imposed pursuant to subsection (f) of this section shall be refunded to any person whose participation in the program is terminated. Unless such person requests, and the court grants, reinstatement into the program pursuant to subsection (m) of this section, the court shall order the court file of any person whose participation in the program is terminated to be unsealed, enter a plea of not guilty for such person and immediately place the case on the trial list.

(m) (1) Any person whose participation in the program is terminated may ask the court to reinstate such person into the program up to two times. If a person requests reinstatement into the program, the Court Support Services Division shall verify that such person is eligible for such reinstatement. If a person requesting reinstatement into the program is eligible for reinstatement, the court may grant such person reinstatement into the program. When granting such reinstatement, the court shall order the defendant to participate in an appropriate alcohol education, substance use treatment or victim impact component of the program.

(2) Any person reinstated into the program shall: (A) If ordered to participate in the alcohol education component of the program, pay to the court a nonrefundable program fee of two hundred fifty dollars, which shall be credited to the pretrial account established under section 54-56k , or (B) if ordered to participate in the substance use treatment component of the program, pay the costs of any substance use treatment. The court shall not waive the program fee or the costs of substance use treatment associated with reinstatement into the program unless such person is found eligible to have such fee or cost waived under subdivision (3) of subsection (f) of this section and such person participates in the applicable alcohol education at a service provider located in this state or substance use treatment at a substance use treatment provider licensed by and located in this state.

(n) (1) If any person applies for both the pretrial impaired driving intervention program under the provisions of this section and the pretrial drug intervention and community service program pursuant to section 54-56q , for charges arising from the same arrest, and the Department of Mental Health and Addiction Services, a licensed substance use treatment provider, the Department of Veterans Affairs or the United States Department of Veterans Affairs has already completed the required evaluation and determination of the appropriate drug education or substance use treatment component pursuant to section 54-56q , the court and the Court Support Services Division may rely on such evaluation and determination for the purposes of ordering participation and directing attendance in the alcohol education or substance use treatment component of the program under the provisions of this section. If the court and the division rely on such evaluation and determination, such person shall not be required to pay the evaluation fee under the provisions of subdivision (2) of subsection (b) of this section, provided that such person has paid, or the court has waived, the evaluation fee pursuant to section 54-56q .

(2) If any person is placed in both the pretrial impaired driving intervention program under the provisions of this section and the pretrial drug intervention and community service program pursuant to section 54-56q , for charges arising from the same arrest, the court may find that (A) such person's successful completion of the drug education component of the pretrial drug intervention and community service program pursuant to section 54-56q , satisfies such person's required participation in the alcohol education component of the pretrial impaired driving intervention program under the provisions of this section; or (B) such person's successful completion of the substance use treatment component of the pretrial drug intervention and community service program pursuant to section 54-56q , satisfies such person's required participation in the substance use treatment component of the pretrial impaired driving intervention program under the provisions of this section.

(3) Nothing in this subsection shall relieve any person placed in both the pretrial impaired driving intervention program pursuant to this section and the pretrial drug intervention and community service program pursuant to section 54-56q , for charges arising from the same arrest, from the requirement to participate in the:

(A) Victim impact component of the pretrial impaired driving intervention program, if ordered by the court under the provisions of this section, in order to satisfactorily complete the pretrial impaired driving intervention program; or

(B) Community service component of the pretrial drug intervention and community service program pursuant to section 54-56q , in order to satisfactorily complete the pretrial drug intervention and community service program.

(o) (1) The Court Support Services Division shall retain a record of participation in the pretrial impaired driving intervention program for a period of ten years from the date the court grants the application for, and places the applicant in, the program pursuant to the provisions of this section.

(2) For any person charged with a violation of section 14-227a , 14-227g , 14-227m or 14-227n whose charges were dismissed pursuant to the provisions of this section, the division shall transmit to the Department of Motor Vehicles the record of such person's participation in the program. The Department of Motor Vehicles shall maintain the record of any person's participation in such program as part of such person's driving record for a period of ten years.

(3) For any person charged with a violation of subsection (d) of section 15-133 or section 15-140n whose charges were dismissed pursuant to the provisions of this section, the division shall transmit to the Department of Energy and Environmental Protection the record of such person's participation in the program. The Department of Energy and Environmental Protection shall maintain the record of any person's participation in such program as a part of such person's boater certification record for a period of ten years.
Conn. Gen. Stat. § 54-76j — Connecticut Code / Title 54 / Chapter 960a / Section 54-76j
Sec. 54-76j. Disposition upon adjudication as youthful offender.
Status: in_force

(b) If execution of the sentence is suspended under subdivision (6) of subsection (a) of this section, the defendant may be placed on probation or conditional discharge for a period not to exceed three years, provided, at any time during the period of probation, after hearing and for good cause shown, the court may extend the period as deemed appropriate by the court. If the court places the person adjudicated to be a youthful offender on probation, the court may order that, as a condition of such probation, the person be referred for services to a youth service bureau established pursuant to section 10-19m , provided the court finds, through an assessment by a youth service bureau or its designee, that the person is in need of and likely to benefit from such services. If the court places a youthful offender on probation, school and class attendance on a regular basis and satisfactory compliance with school policies on student conduct and discipline may be a condition of such probation and, in such a case, failure to so attend or comply shall be a violation of probation. If the court has reason to believe that the person adjudicated to be a youthful offender is or has been an unlawful user of narcotic drugs, as defined in section 21a-240 , and the court places such youthful offender on probation, the conditions of probation, among other things, shall include a requirement that such person shall submit to periodic tests to determine, by the use of “synthetic opiate antinarcotic in action”, nalline test or other detection tests, at a hospital or other facility, equipped to make such tests, whether such person is using narcotic drugs. A failure to report for such tests or a determination that such person is unlawfully using narcotic drugs shall constitute a violation of probation. If the court places a person adjudicated as a youthful offender for a violation of section 53-247 on probation, the court may order that, as a condition of such probation, the person undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program, provided such a program exists and is available to the person.

(c) Commitment under this section shall be for a period not to exceed the term of imprisonment authorized for the crime committed by the defendant, but in no event shall any such period exceed four years, and shall be to any religious, charitable or other correctional institution authorized by law to receive persons over the age of sixteen years. Whenever a youthful offender is committed by the court to any duly authorized religious, charitable or other institution, other than an institution supported or controlled by the state or a subdivision thereof, such commitment shall be made, when practicable, to a religious, charitable or other institution under the control of persons of the same religious faith or persuasion as that of the youthful offender. If a youthful offender is committed by the court to any institution other than an institution supported or controlled by the state or a subdivision thereof, which is under the control of persons of a religion or persuasion different from that of the youthful offender, the court shall state or recite the facts which impel it to make such disposition, and such statement shall be made a part of the record of the proceedings.

Cited. 173 C. 414; 190 C. 715; 240 C. 743.

Only one penalty allowed upon adjudication as a youthful offender in one or more matters. 8 CA 607.

Conflict with Sec. 18-75. 30 CS 71.
Conn. Gen. Stat. § 54-240j — Connecticut Code / Title 54 / Chapter 968a / Section 54-240j
Sec. 54-240j. Renewal of program certification.
Status: in_force

(b) The Secretary of the State shall (1) certify a program participant who has satisfied the filing requirements of subsection (a) of this section to participate in the program for an additional four-year term, and (2) issue to such program participant a new certification card with a new certification expiration date.
Conn. Gen. Stat. § 54-192h — Connecticut Code / Title 54 / Chapter 965 / Section 54-192h
Sec. 54-192h. Civil immigration detainers.
Status: in_force

(1) “Administrative warrant” means a warrant, notice to appear, removal order or warrant of deportation issued by an agent of a federal agency charged with the enforcement of immigration laws or the security of the borders, including ICE and the United States Customs and Border Protection, but does not include a warrant issued or signed by a judicial officer.

(2) “Civil immigration detainer” means a request from a federal immigration authority to a local or state law enforcement agency for a purpose including, but not limited to:

(A) Detaining an individual suspected of violating a federal immigration law or who has been issued a final order of removal;

(B) Facilitating the (i) arrest of an individual by a federal immigration authority, or (ii) transfer of an individual to the custody of a federal immigration authority;

(C) Providing notification of the release date and time of an individual in custody; and

(D) Notifying a law enforcement officer, through DHS Form I-247A, or any other form used by the United States Department of Homeland Security or any successor agency thereto, of the federal immigration authority's intent to take custody of an individual;

(3) “Confidential information” means any information obtained and maintained by a law enforcement agency relating to (A) an individual's (i) sexual orientation, or (ii) status as a victim of domestic violence or sexual assault, (B) whether such individual is a (i) crime witness, or (ii) recipient of public assistance, or (C) an individual's income tax or other financial records, including, but not limited to, Social Security numbers;

(4) “Federal immigration authority” means any officer, employee or other person otherwise paid by or acting as an agent of ICE or any division thereof or any officer, employee or other person otherwise paid by or acting as an agent of the United States Department of Homeland Security or any successor agency thereto who is charged with enforcement of the civil provisions of the Immigration and Nationality Act;

(5) “ICE” means United States Immigration and Customs Enforcement or any successor agency thereto;

(6) “ICE access” means any of the following actions taken by a law enforcement officer with respect to an individual who is stopped by a law enforcement officer with or without the individual's consent, arrested, detained or otherwise under the control of a law enforcement official or agency:

(A) Responding to a civil immigration detainer or request for notification pursuant to subparagraph (B) of this subdivision concerning such individual;

(B) Providing notification to a federal immigration authority that such individual is being or will be released at a certain date and time through data sharing or otherwise;

(C) Providing a federal immigration authority nonpublicly available information concerning such individual regarding release date or time, home address or work address, whether obtained through a computer database or otherwise;

(D) Allowing a federal immigration authority to interview such individual under the control of the law enforcement agency;

(E) Allowing a federal immigration authority to use a facility or resources in the control of a law enforcement agency to conduct interviews, administrative proceedings or other immigration enforcement activities concerning such individual; or

(F) Providing a federal immigration authority information regarding dates and times of probation or parole supervision or any other information related to such individual's compliance with the terms of probation or parole;

“ICE access” does not include submission by a law enforcement officer of fingerprints to the Automated Fingerprints Identification system of an arrested individual or the accessing of information from the National Crime Information Center by a law enforcement officer concerning an arrested individual;

(7) “Judicial officer” means any judge of the state or federal judicial branches and any federal magistrate judge. “Judicial officer” does not mean an immigration judge;

(8) “Law enforcement agency” means any agency for which a law enforcement officer is an employee of or otherwise paid by or acting as an agent of;

(9) “Law enforcement officer” means:

(A) Each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;

(B) Each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;

(C) Each officer, employee or other person otherwise paid by or acting as an agent of the Division of State Police within the Department of Emergency Services and Public Protection; and

(D) Each judicial marshal, state marshal and adult probation officer;

(10) “Bail commissioner or intake, assessment or referral specialist” means an employee of the Judicial Branch whose duties are described in section 54-63d ; and

(11) “School police or security department” means any police or security department of (A) the constituent units of the state system of higher education, as defined in section 10a-1 , (B) a public school, or (C) a local or regional school district.

(b) (1) No law enforcement officer, bail commissioner or intake, assessment or referral specialist, or employee of a school police or security department shall:

(A) Arrest or detain an individual pursuant to a civil immigration detainer unless (i) the detainer is accompanied by a warrant issued or signed by a judicial officer, (ii) the individual has been convicted of a class A or B felony offense, or (iii) the individual is identified as a possible match in the federal Terrorist Screening Database or similar database;

(B) Expend or use time, money, facilities, property, equipment, personnel or other resources to communicate with a federal immigration authority regarding the custody status or release of an individual targeted by a civil immigration detainer, except as provided in subsection (e) of this section;

(C) Arrest or detain an individual based on an administrative warrant;

(D) Give a federal immigration authority access to interview an individual who is in the custody of a law enforcement agency unless the individual (i) has been convicted of a class A or B felony offense, (ii) is identified as a possible match in the federal Terrorist Screening Database or similar database, or (iii) is the subject of a court order issued under 8 USC 1225(d)(4)(B); or

(E) Perform any function of a federal immigration authority, whether pursuant to 8 USC 1357(g) or any other law, regulation, agreement, contract or policy, whether formal or informal.

(2) The provisions of this subsection shall not prohibit submission by a law enforcement officer of fingerprints to the Automated Fingerprints Identification system of an arrested individual or the accessing of information from the National Crime Information Center by a law enforcement officer concerning an arrested individual.

(c) Prior to responding to a request for notification of the release date and time from custody of a law enforcement agency of an individual suspected of violating a federal immigration law or who has been issued a final order of removal, the law enforcement officer shall forward the request to the head of the law enforcement agency for review.

(d) Any confidential information of an individual who comes into contact with a law enforcement officer may be disclosed to a federal immigration authority only if such disclosure is:

(1) Authorized in writing by the individual to whom the information pertains, or by the parent or guardian of such individual if the individual is a minor or not legally competent to consent to such disclosure;

(2) Necessary in furtherance of a criminal investigation of terrorism; or

(3) Otherwise required by law.

(e) (1) Upon receiving a civil immigration detainer, a law enforcement agency shall provide a copy of the detainer to the affected individual who is the subject of the detainer and inform the individual whether the law enforcement agency intends to comply with the detainer. If a law enforcement agency provides ICE with notification that an individual is being, or will be released on a certain date, the law enforcement agency shall promptly provide to the individual and to the individual's attorney or shall make a good faith effort to contact one other individual who the individual may designate, a copy of such notification as well as the reason, in writing, that such law enforcement agency is complying with the detainer.

(2) All records relating to ICE access maintained by law enforcement agencies shall be deemed public records under the Freedom of Information Act, as defined in section 1-200 . Records relating to ICE access include, but are not limited to, data maintained by the law enforcement agency regarding the number and demographic data of individuals to whom the agency has provided ICE access, the date ICE access was provided to an individual, the type of ICE access provided to an individual, the amount of resources expended on providing ICE access and any communication between the law enforcement agency and any federal immigration authority. No provision of this section shall be construed to require disclosure of any record exempt from disclosure under section 1-210 or 1-215 .

(3) Beginning January 1, 2020, the legislative body of any municipality with a law enforcement agency that has provided ICE access to an individual during the prior six months shall provide to the Office of Policy and Management, on an ongoing basis every six months, data regarding the number and demographic data of individuals to whom the law enforcement agency has provided ICE access, the date ICE access was provided to an individual and whether the ICE access was provided as part of compliance with a civil immigration detainer or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, as individual records, provided personally identifiable information is redacted.

(f) The Office of Policy and Management shall ensure that the requirements of this section are disseminated to, and appropriate training is provided for, all affected law enforcement agencies and school police or security departments and employees and agents of such law enforcement agencies and school police or security departments. Such training may entail how law enforcement officers and other officials performing similar duties will adhere to the provisions of this section and how they will interact with crime victims, criminal suspects and individuals cooperating with law enforcement officers.

(g) No provision of this section shall be construed to provide, expand or ratify the legal authority of any law enforcement agency to detain an individual based on a civil immigration detainer request.
Conn. Gen. Stat. § 54-64d — Connecticut Code / Title 54 / Chapter 960 / Section 54-64d
Sec. 54-64d. Release of person taken into custody on a capias.
Status: in_force

(b) If a courthouse lockup operated by the Judicial Branch is available at the court that issued the capias and is operational at the time the proper officer or state police officer brings the person taken into custody to the court, the proper officer or state police officer shall transfer the custody of such person to a judicial marshal at the court unless such person requires medical attention or there is insufficient space for such person at such lockup.

(1) If the court is in session, the judicial marshal shall present such person before the court. If the court is not in session but the clerk's office is open, the judicial marshal shall present such person before the clerk or assistant clerk or a person designated by the Chief Court Administrator.

(2) If the court is not in session and the clerk's office is closed, and such person indicates to the judicial marshal that he or she can meet the conditions of release fixed by the court, the judicial marshal shall, without undue delay, either (A) transport such person to a community correctional center within the judicial district or, if there is no community correctional center within the judicial district, to the nearest community correctional center, for the purpose of entering into the condition of release fixed by the court, or (B) if more expedient, hold the person in custody until the clerk's office is open or the next session of the court, for the purpose of entering into the condition of release fixed by the court. If such person does not indicate to the judicial marshal that he or she can meet the conditions of release fixed by the court, the judicial marshal shall hold the person in custody until the clerk's office is open or the next session of the court, for the purpose of entering into the condition of release fixed by the court.

(c) If a courthouse lockup operated by the Judicial Branch is not available at the court that issued the capias, or is available but is not operational or has insufficient space, the proper officer or state police officer taking the person into custody shall, without undue delay, transport such person to a community correctional center within the judicial district or, if there is no community correctional center within the judicial district, to the nearest community correctional center for the purpose of entering into the condition of release fixed by the court.

(d) The clerk or assistant clerk or a person designated by the Commissioner of Correction or by the Chief Court Administrator shall order the person taken into custody on the capias to enter into the condition of release fixed by the court on the condition that such person shall appear before the next session of the superior court that issued the capias. Upon the failure of such person to enter into the condition of release fixed by the court, the person shall be held in the correctional center pursuant to the capias until the next session of the court.
Conn. Gen. Stat. § 54-280 — Connecticut Code / Title 54 / Chapter 969a / Section 54-280
Sec. 54-280. Definitions. Registry of offenders convicted of offense committed with a deadly weapon. Suspension of registration. Registration information. Notification protocol. Confidentiality.
Status: in_force

(1) “Commissioner” means the Commissioner of Emergency Services and Public Protection;

(2) “Convicted” means that a person has a judgment entered in this state against such person by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment;

(3) “Deadly weapon” means a deadly weapon, as defined in section 53a-3 ;

(4) “Department” means the Department of Emergency Services and Public Protection;

(5) “Identifying factors” means fingerprints, a photographic image, and a description of any other identifying characteristics as may be required by the Commissioner of Emergency Services and Public Protection;

(6) “Not guilty by reason of mental disease or defect” means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 notwithstanding any pending appeal or habeas corpus proceeding arising from such finding;

(7) “Offender convicted of committing a crime with a deadly weapon” or “offender” means a person who has been convicted of an offense committed with a deadly weapon;

(8) “Offense committed with a deadly weapon” or “offense” means: (A) A violation of subsection (c) of section 2-1e , subsection (e) of section 29-28 , subsections (a) to (e), inclusive, or (j) of section 29-33 , section 29-34 , subsection (a) of section 29-35 , section 29-36 , 29-36k , 29-37a or 29-37e , subsection (c) of section 29-37g , section 29-37j , subsection (b), (c) or (g) of section 53-202 , section 53-202b , 53-202c , 53-202j , 53-202k , 53-202 l , 53-202aa or 53-206b , subsection (b) of section 53a-8 , section 53a-55a , 53a-56a , 53a-60a , 53a-60c , 53a-72b , 53a-92a , 53a-94a , 53a-102a , 53a-103a , 53a-211 , 53a-212 , 53a-216 , 53a-217 , 53a-217a , 53a-217b or 53a-217c , or a second or subsequent violation of section 53-202g ; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25 , provided the court makes a finding that, at the time of the offense, the offender used a deadly weapon, or was armed with and threatened the use of or displayed or represented by words or conduct that the offender possessed a deadly weapon;

(9) “Registrant” means a person required to register under section 54-280a ;

(10) “Registry” means a central record system in this state that is established pursuant to this section and receives, maintains and disseminates to law enforcement agencies information on persons convicted or found not guilty by reason of mental disease or defect of an offense committed with a deadly weapon; and

(11) “Release into the community” means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of an offense committed with a deadly weapon, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Department of Correction to a program authorized by section 18-100c or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Court Support Services Division in accordance with the terms of the offender's sentence; or (C) temporary leave to an approved residence by the Psychiatric Security Review Board pursuant to section 17a-587 , conditional release from a hospital for mental illness or a facility for persons with intellectual disability by the Psychiatric Security Review Board pursuant to section 17a-588 or release upon termination of commitment to the Psychiatric Security Review Board.

(b) The Department of Emergency Services and Public Protection shall, not later than January 1, 2014, establish and maintain a registry of all persons required to register under section 54-280a as offenders convicted of an offense committed with a deadly weapon. The department shall, in cooperation with the Office of the Chief Court Administrator, the Department of Correction and the Psychiatric Security Review Board, develop appropriate forms for use by agencies and individuals to report registration information, including changes of address. Upon receipt of registration information, the department shall enter the information into the registry and notify the local police department or state police troop having jurisdiction where the registrant resides or plans to reside. Upon receiving notification pursuant to section 54-280a that a registrant has changed his or her address, the department shall enter the information into the registry and notify the local police departments or state police troops having jurisdiction where the registrant previously resided and the jurisdiction where the registrant has relocated. The Commissioner of Emergency Services and Public Protection shall also ensure that the name and residence address of each registrant is available through the Connecticut on-line law enforcement communication teleprocessing system maintained by the department. If a registrant reports a residence in another state, the department may notify the state police agency of that state or such other agency in that state that maintains registry information, if known.

(c) The Department of Emergency Services and Public Protection may suspend the registration of any person registered under section 54-280a while such person is incarcerated, under civil commitment or residing outside this state. During the period that such registration is under suspension, the department may withdraw the registration information from access to law enforcement agencies. Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall reinstate the registration and redistribute the registration information in accordance with subsection (b) of this section. Suspension of registration shall not affect the date of expiration of the registration obligation of the registrant under section 54-280a .

(d) The Department of Emergency Services and Public Protection shall include in the registry the most recent photographic image of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department.

(e) Whenever the Commissioner of Emergency Services and Public Protection receives notice from a superior court pursuant to section 52-11 or a probate court pursuant to section 45a-99 that such court has ordered the change of name of a person, and the department determines that such person is listed in the registry, the department shall revise such person's registration information accordingly.

(f) The Commissioner of Emergency Services and Public Protection shall develop a protocol for the notification of other state agencies, the Judicial Department and local police departments whenever a person listed in the registry changes such person's name and notifies the commissioner of the new name pursuant to section 54-280a or whenever the commissioner determines pursuant to subsection (e) of this section that a person listed in the registry has changed such person's name.

(g) The information in the registry shall not be a public record or file for the purposes of section 1-200 . Any information disclosed pursuant to this section or section 54-280a or 54-280b , shall not be further disclosed unless such disclosure is permitted under this section or section 54-280a or 54-280b .
Conn. Gen. Stat. § 54-36p — Connecticut Code / Title 54 / Chapter 959 / Section 54-36p
Sec. 54-36p. Forfeiture of moneys and property related to sexual exploitation, prostitution and human trafficking. In rem proceeding. Disposition.
Status: in_force

(1) All moneys used, or intended for use, in a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-86 , 53a-87 , 53a-88 , 53a-90a , 53a-189a , 53a-189b , 53a-192a , 53a-196a , 53a-196b , 53a-196c or 53a-196i ;

(2) All property constituting the proceeds obtained, directly or indirectly, from a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-86 , 53a-87 , 53a-88 , 53a-90a , 53a-189a , 53a-189b , 53a-192a , 53a-196a , 53a-196b , 53a-196c or 53a-196i ;

(3) All property derived from the proceeds obtained, directly or indirectly, from a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-86 , 53a-87 , 53a-88 , 53a-90a , 53a-189a , 53a-189b , 53a-192a , 53a-196a , 53a-196b , 53a-196c or 53a-196i ;

(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-83 , 53a-86 , 53a-87 , 53a-88 , 53a-90a , 53a-189a , 53a-189b , 53a-192a , 53a-196a , 53a-196b , 53a-196c or 53a-196i .

(b) Not later than ninety days after the seizure of moneys or property subject to forfeiture pursuant to subsection (a) of this section, in connection with a lawful criminal arrest or a lawful search that results in an arrest, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of such moneys or property. Such proceeding shall be deemed a civil suit in equity in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of such moneys or property and any other person as appears to have an interest therein, and order the state to give notice to such owner and any interested person, including any victim of the crime with respect to which such moneys or property were seized, by certified or registered mail. No testimony offered or evidence produced by such owner or interested person at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing, the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order from which the parties shall have such right of appeal as from a decree in equity.

(c) The court shall hold a hearing on the petition filed pursuant to subsection (a) of this section not more than two weeks after the criminal proceeding that occurred as a result of the arrest has been nolled, dismissed or otherwise disposed of. The court shall deny the petition and return the property to the owner if the criminal proceeding does not result in (1) a plea of guilty or nolo contendere to any offense charged in the same criminal information, (2) a guilty verdict after trial to a forfeiture-eligible offense for which the property was possessed, controlled, designed or intended for use, or which was or had been used as a means of committing such offense, or which constitutes the proceeds of the commission of such offense, or (3) a dismissal resulting from the completion of a pretrial diversionary program.

(d) No moneys or property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such moneys or property was being used or was intended to be used in, or was derived from, criminal activity.

(e) Notwithstanding the provisions of subsection (a) of this section, no moneys or property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with his or her defense in a criminal prosecution shall be subject to forfeiture under this section.

(f) Any property ordered forfeited pursuant to subsection (b) of this section shall be sold at public auction conducted by the Commissioner of Administrative Services or the commissioner's designee.

(g) The proceeds from any sale of property under subsection (f) of this section and any moneys forfeited under this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of any such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the Criminal Injuries Compensation Fund established in section 54-215 .
Conn. Gen. Stat. § 54-41i — Connecticut Code / Title 54 / Chapter 959a / Section 54-41i
Sec. 54-41i. Recording of interception; sealing, custody and destruction.
Status: in_force

Cited. 191 C. 360; 212 C. 485; 238 C. 692.

Cited. 8 CA 673; 16 CA 245.
Conn. Gen. Stat. § 54-86q — Connecticut Code / Title 54 / Chapter 961 / Section 54-86q
Sec. 54-86q. Use of deception or coercive tactics during an interrogation.
Status: in_force

(1) Unreasonably deprives the person being interrogated of physical or mental health needs that were known, or should have been known to exist, including, but not limited to, food, sleep, use of the restroom or prescribed medications;

(2) Uses or threatens the use of physical force upon the person being interrogated or another person for purposes of compelling an admission, confession or statement;

(3) Uses or threatens the unlawful arrest of another person;

(4) Uses or threatens the imposition of unlawful penalties upon the person being interrogated or another person; or

(5) Uses or threatens the imposition of unlawful administrative or immigration sanctions upon the person being interrogated or another person.

(b) If the person being interrogated is under eighteen years of age, “deception or coercive tactics” further includes any tactic that:

(1) Communicates false facts about evidence that were known to the law enforcement agency official or their agent or should have been known to the law enforcement agency official or their agent to be false;

(2) Communicates false statements or misrepresentations of the law that were known or should have been known to be false statements or misrepresentations; or

(3) Communicates false or misleading promises of leniency or some other benefit or reward that were known or should have been known to be false or misleading.

(c) Except as provided in subsection (d) of this section, any admission, confession or statement, whether written or oral, made by any person during a custodial interrogation by a law enforcement agency official or such official's agent, shall be presumed to be involuntary and inadmissible in any proceeding if the law enforcement agency official or such official's agent engaged in deception or coercive tactics during such interrogation.

(d) The presumption that any such admission, confession or statement is involuntary and inadmissible may be overcome if the state proves by clear and convincing evidence that (1) the admission, confession or statement was voluntary and not induced by the use of deception or coercive tactics, and (2) any alleged use of deception or coercive tactics did not undermine the reliability of the person's admission, confession or statement and did not create a substantial risk that the person might falsely incriminate such person's self.
Conn. Gen. Stat. § 54-63b — Connecticut Code / Title 54 / Chapter 960 / Section 54-63b
Sec. 54-63b. Pretrial release of arrested persons. Duties of Court Support Services Division. Uniform weighted release criteria.
Status: in_force

(b) The Court Support Services Division shall establish written uniform weighted release criteria based upon the premise that the least restrictive condition or conditions of release necessary to ensure the appearance in court of the defendant and sufficient to reasonably ensure the safety of any other person will not be endangered is the pretrial release alternative of choice. Such criteria shall be based on, but not be limited to, the following considerations: (1) The nature and circumstances of the offense insofar as they are relevant to the risk of nonappearance; (2) the defendant's record of previous convictions; (3) the defendant's past record of appearance in court after being admitted to bail; (4) the defendant's family ties; (5) the defendant's employment record; (6) the defendant's financial resources, character and mental condition; and (7) the defendant's community ties.
Conn. Gen. Stat. § 54-205 — Connecticut Code / Title 54 / Chapter 968 / Section 54-205
Sec. 54-205. Evaluation of application. Determination. Request for review by compensation commissioner.
Status: in_force

(b) An applicant may request that a determination made pursuant to subsection (a) of this section be reviewed by a victim compensation commissioner by filing a request for review with the Office of Victim Services, on a form prescribed by the Office of the Chief Court Administrator, within thirty days from mailing of the notice of such determination.

(c) For the purposes of carrying out the provisions of sections 54-201 to 54-218 , inclusive, a victim compensation commissioner shall hear any request for review filed by an applicant pursuant to sections 54-201 to 54-218 , inclusive, to which such commissioner is assigned and shall make a written determination on such application for compensation. A victim compensation commissioner shall hold such hearings and take such testimony as such commissioner may deem advisable. A commissioner may administer oaths or affirmations to witnesses and shall have full power to subpoena any witness to appear and give testimony or to issue a subpoena duces tecum. Subpoenas shall be served by any person designated by a victim compensation commissioner.

(d) No witness under subpoena authorized to be issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by the victim compensation commissioner or to produce any records, papers or documents and appears pursuant thereto, said commissioner may apply to the superior court for the judicial district of Hartford, setting forth such disobedience to process or refusal to answer. The court shall cite such person to appear before said court to answer such question or to produce such records, papers or documents or to show cause why a question put to him should not be answered or why such records, papers or documents should not be produced. Upon such person's refusal to answer or produce records, papers or documents or to show cause, the court may commit such person to a community correctional center until such person complies, but not for a longer period than sixty days. Notwithstanding any such commitment of such person, the victim compensation commissioner may proceed with the hearing as if such witness had testified adversely regarding his interest in the proceeding.

(e) The applicant and any other person having a substantial interest in a proceeding may appear before the victim compensation commissioner and be heard, produce evidence and cross-examine witnesses in person or by his attorney. The victim compensation commissioner also may hear such other persons as in the commissioner's judgment may have relevant evidence to submit.

(f) Any statement, document, information or matter may be considered by the Office of Victim Services or, on review, by a victim compensation commissioner, if in the opinion of said office or commissioner, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law.

(g) If any person has been convicted of any offense with respect to an act on which a claim under sections 54-201 to 54-218 , inclusive, is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed by such person, unless an appeal or any proceeding with regard thereto is pending.
Conn. Gen. Stat. § 54-102g — Connecticut Code / Title 54 / Chapter 961 / Section 54-102g
Sec. 54-102g. Blood or other biological sample required from certain arrested or convicted persons for DNA analysis.
Status: in_force

(b) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250 , or a felony, and has been sentenced on that conviction to the custody of the Commissioner of Correction, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with respect to such offense, shall, prior to release from custody and at such time as the commissioner may specify, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If any person required to submit to the taking of a blood or other biological sample pursuant to this subsection refuses to do so, the Commissioner of Correction or the commissioner's designee shall notify the Department of Emergency Services and Public Protection within thirty days of such refusal for the initiation of criminal proceedings against such person.

(c) Any person who is convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250 , or a felony and is not sentenced to a term of confinement, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with respect to such offense, shall, as a condition of such sentence and at a time and place specified by the Court Support Services Division of the Judicial Department, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(d) Any person who has been found not guilty by reason of mental disease or defect pursuant to section 53a-13 of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250 , or a felony, and is in the custody of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services as a result of that finding, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with respect to such offense, shall, prior to a court hearing commenced in accordance with subsection (d) of section 17a-582 , and at such time as the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services with whom such person has been placed may specify, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(e) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250 , or a felony, and is serving a period of probation or parole, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a), (b), (c) or (d) of this section, shall, prior to discharge from the supervision of the Court Support Services Division or the custody of the Department of Correction and at such time as said division or department may specify, submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(f) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state or jurisdiction of a felony or of any crime, the essential elements of which are substantially the same as a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250 , and is in the custody of the Commissioner of Correction, is under the supervision of the Judicial Department or the Board of Pardons and Paroles or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to discharge from such custody, supervision or jurisdiction submit to the taking of a blood or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

(g) If the blood or other biological sample taken from a person pursuant to this section is not of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person, the person shall submit to the taking of an additional sample or samples until a sample of sufficient quality is obtained.

(h) The analysis shall be performed by the Division of Scientific Services within the Department of Emergency Services and Public Protection, except that the division shall analyze samples taken pursuant to subsection (a) of this section only as available resources allow. The identification characteristics of the profile resulting from the DNA (deoxyribonucleic acid) analysis shall be stored and maintained by the division in a DNA data bank and shall be made available only as provided in section 54-102j .

(i) Any person who refuses to submit to the taking of a blood or other biological sample pursuant to this section or wilfully fails to appear at the time and place specified pursuant to subsection (b) of this section for the taking of a blood or other biological sample shall be guilty of a class D felony. Any person required to submit to the taking of a blood or other biological sample pursuant to subsection (c) of this section who wilfully fails to appear to submit to the taking of such sample within five business days of the time specified by the Court Support Services Division may be arrested pursuant to a warrant issued under section 54-2a .

(j) If any person required to submit to the taking of a blood or other biological sample pursuant to any provision of this section is in the custody of the Commissioner of Correction and refuses to submit to the taking of such sample, the commissioner or the commissioner's designee may use reasonable force to obtain a blood or other biological sample from such person.

(k) For the purposes of this section, a motor vehicle violation for which a sentence to a term of imprisonment of more than one year may be imposed shall be deemed an unclassified felony.

Purpose of section is to further the regulatory, nonpunitive goal of maintaining a DNA data bank to assist in criminal investigations, not to punish those convicted of crimes by requiring them to submit a DNA sample; penalty provision of section does not render the entire statutory scheme punitive in fact; prior to the legislature's amendment of the section in 2011, section was ambiguous as to whether it was permissible for the trial court to authorize the state to use reasonable physical force to obtain a sample of a defendant's DNA, but the use of reasonable force to obtain a DNA sample from an unwilling individual was inherent in section; section is regulatory in nature, rather than punitive, and does not violate the federal constitution's bar on ex post facto laws under article one, section 10. 321 C. 821.

Section is regulatory in nature and does not violate the ex post facto clause, and the state may use reasonable force to obtain a DNA sample. 143 CA 485; judgment affirmed, see 321 C. 821. Defendant's double jeopardy claim fails because refusal to provide DNA sample is new, postconviction conduct and constitutes a separate crime. Id., 510.
Conn. Gen. Stat. § 54-125e — Connecticut Code / Title 54 / Chapter 961 / Section 54-125e
Sec. 54-125e. Special parole. Conditions. Duration. Violation. Hearing. Disposition.
Status: in_force

(b) (1) When sentencing a person, the court may not impose a period of special parole unless the court determines, based on the nature and circumstances of the offense, the defendant's prior criminal record and the defendant's history of performance on probation or parole, that a period of special parole is necessary to ensure public safety.

(2) If sentencing a person to a period of special parole, the court may recommend that such person comply with any or all of the requirements of subsection (a) of section 53a-30 . The court shall cause a copy of any such recommendation to be delivered to such person and to the Department of Correction. The Board of Pardons and Paroles may require that such person comply with the requirements of subsection (a) of section 53a-30 which the court recommended. Any person sentenced to a period of special parole shall also be subject to such rules and conditions as may be established by the Board of Pardons and Paroles or its chairperson pursuant to section 54-126 .

(c) The period of special parole shall be not less than one year or more than ten years, except that such period may be for more than ten years for a person convicted of a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21 , or section 53a-70 , 53a-70a , 53a-71 , 53a-72a or 53a-72b or sentenced as a persistent dangerous felony offender pursuant to subsection (i) of section 53a-40 or as a persistent serious felony offender pursuant to subsection (k) of section 53a-40 .

(d) Whenever a parolee has, in the judgment of such parolee's parole officer, violated the conditions of his or her special parole, the board shall cause the parolee to be brought before it without unnecessary delay for a hearing on the violation charges. At such hearing, the parolee shall be informed of the manner in which such parolee is alleged to have violated the conditions of such parolee's special parole and shall be advised by the employee of the board conducting the hearing of such parolee's due process rights.

(e) If such violation is established, the board may: (1) Continue the period of special parole; (2) modify or enlarge the conditions of special parole; or (3) revoke the sentence of special parole.

(f) If the board revokes special parole for a parolee, the chairperson may issue a mittimus for the commitment of such parolee to a correctional institution for any period not to exceed the unexpired portion of the period of special parole.

(g) Whenever special parole has been revoked for a parolee, the board may, at any time during the unexpired portion of the period of special parole, allow the parolee to be released again on special parole without court order.

The legislature, in passing public act 18-63, did not intend to clarify section, and changes made to Subsec. (b) in public act 18-63 were not intended to apply retroactively. 214 CA 511.

Subsec. (a):

Regardless of whether a person has been convicted of one offense or multiple offenses, legislature has used the phrase “period of special parole” to refer to that duration of time in which a person is transferred to the jurisdiction of the chairperson of the Board of Pardons and Paroles for supervision. 133 CA 140.

Subsec. (c):

With respect to 1999 revision, when sentencing provisions of Sec. 54-128(c) and Subsec. conflict, legislature intended the maximum statutory limit in Sec. 54-128(c) to control; defendant's sentence of 10 years of imprisonment followed by 10 years of special parole violated Sec. 54-128(c) and was an illegal sentence because total length of terms of imprisonment and special parole combined exceeded maximum term of imprisonment authorized for sexual assault in the second degree by Sec. 53a-35a(6) and Sec. 53a-71(b). 279 C. 527. Subsec. can be given effect only to the extent that it does not conflict with Sec. 54-128(c). 292 C. 417. Legislature intended to provide trial court with authority to impose a sentence of up to 10 years of special parole for each offense for which defendant is convicted and has not expressed intention to prevent a trial court from imposing such sentences of special parole consecutively if it deems appropriate, regardless of whether such consecutive sentences impose a total effective sentence of more than 10 years of special parole. 310 C. 693.

Court exceeded its authority by sentencing defendant to 16 years of special parole, beyond the 10-year maximum, where defendant had not been convicted of one of the enumerated exceptions for which a longer period of special parole may be imposed. 133 CA 140; judgment reversed, see 310 C. 693.
Conn. Gen. Stat. § 54-202 — Connecticut Code / Title 54 / Chapter 968 / Section 54-202
Sec. 54-202. Compensation commissioners; appointment; Chief Victim Compensation Commissioner; temporary victim compensation commissioners; compensation.
Status: in_force

(b) Each victim compensation commissioner shall be eligible for reappointment and may be removed by the Governor for inefficiency, neglect of duty or malfeasance in office after due notice and hearing.

(c) A Chief Victim Compensation Commissioner shall be designated by the Chief Court Administrator from among the five victim compensation commissioners appointed by the Governor. The Chief Court Administrator may appoint qualified attorneys to serve as temporary victim compensation commissioners when victim compensation commissioners are not available or when additional victim compensation commissioners are necessary for the expeditious processing of claims. Temporary victim compensation commissioners shall have the same qualifications for appointment and the same powers as victim compensation commissioners.

(d) Each victim compensation commissioner and temporary victim compensation commissioner shall receive one hundred twenty-five dollars for each day of service.
Conn. Gen. Stat. § 54-45 — Connecticut Code / Title 54 / Chapter 960 / Section 54-45
Sec. 54-45. When grand jury is required. Selecting grand jury. Alternate grand jurors.
Status: in_force

(b) No person shall be put to plea or held to trial for any crime the punishment of which may be death or imprisonment for life, charged by the state before May 26, 1983, unless an indictment has been found against him for such crime by a grand jury legally impaneled and sworn, and no bill shall be presented by any grand jury unless at least twelve of the jurors agree to it.

See Sec. 1-25 re forms of oaths for jurors.

Powers and duties of grand jury. 1 C. 428. Where death or imprisonment for life is not penalty, no grand jury necessary. 3 C. 112. Inquiry before grand jury must be secret. 16 C. 467. Not necessary that accused be present. 21 C. 279. Quaere, whether member of grand jury may be challenged for favor; if absolute disqualification is discovered after indictment found, it may be pleaded in avoidance. 47 C. 106. The endorsement of a “true bill” on an indictment cannot be contradicted by parol evidence on habeas corpus proceedings; 67 C. 553; and, in habeas corpus proceedings in U.S. courts, failure to so endorse is not regarded. 160 U.S. 231. When required, an interpreter may be present in the grand jury room. 106 C. 721. When an accused person is confined for a crime punishable by death or life imprisonment, it is the duty of the court to order a grand jury; and this may be done before opening of term to which accused was bound over. Id., 719. When court may select members of grand jury. 126 C. 64. In a general investigation by grand jury, state's attorney may be present to aid in examination of witnesses. Id., 66. Jury may have stenographer present; what evidence jury may elicit. Id., 71. Constitution does not protect a person from being questioned by grand jury but only gives immunity from answering particular questions; history and nature of grand jury. Id., 72. Cited. 135 C. 269. Requires an indictment by a grand jury in all cases in which the penalty to be imposed may be life imprisonment. 144 C. 295. Grand jury in which 7 out of 18 are attorneys not in itself illegal where there is no evidence of an intentional and systematic exclusion of any group. 146 C. 137. Cited. Id., 227; 153 C. 325. There is no federal constitutional impediment to dispensing entirely with grand jury in state prosecutions. 155 C. 367. In absence of contrary evidence, presumption arises that selection of grand jury was made without discrimination and fairly by officer in charge of selection. 158 C. 341. Cited. 159 C. 264; 164 C. 402; 176 C. 270; 181 C. 268; 183 C. 299; 184 C. 597. Presence of counsel before grand jury discussed; grand jury transcript available to defendant under Subsec. (a) is made available under the inherent supervisory powers of the Superior Court and evidentiary uses of it by defendant are restricted to impeaching a witness, attacking the credibility of a witness or proving inconsistent statements of a witness. 187 C. 281. Trial court's denial of motion to quash the ordering of second grand jury is not one of those few presentence orders deemed final for purposes of appeal. 191 C. 27. During period between November 24, 1982, and May 26, 1983, statute provided authorization for use of grand juries in cases punishable by death or life imprisonment. 192 C. 671. Cited. Id., 700; 194 C. 416; Id., 692; 197 C. 247; Id., 280; Id., 507; 199 C. 163; 202 C. 18; 203 C. 641; 204 C. 259; 207 C. 276; 226 C. 601.

Cited. 4 CA 544; 10 CA 103; 27 CA 643; Id., 675.

Cited. 6 CS 221; 22 CS 6, 7. Person not given right to counsel before grand jury decision; this is not “critical stage” in proceedings against him. 25 CS 61. Grand jury is not prohibited from receiving hearsay evidence; that such evidence may have been considered by the grand jury would not entitle one who had been indicted to have the indictment quashed. Id., 388. Counsel for the accused may not accompany him before the grand jury. Id., 389. Section was fully complied with by the court and its officers in summoning grand jury in absence of a showing that any of the members were disqualified for any reason. 26 CS 211. Nature of grand jury discussed; not the state's burden to prove that the method of selection of grand jury was fair and nondiscriminatory. Id., 213. Charge to grand jury that presumption of sanity was adequate basis on which to find, so far as element of soundness of mind was concerned, probable cause to hold accused for trial, was accurate; constitutional right of accused to counsel does not include representation by counsel before a grand jury. Id., 214. Indictment insufficient in law may be attacked by demurrer; provision that grand jurors come from county where court sits is broad enough to comply with federal constitutional requirement that there must be no intentional or systematic exclusion of group or class from grand jury. 29 CS 119. Exclusion of aliens from grand jury service does not make statute unconstitutional since citizenship requirement bears rational relationship to demands of jury service. 35 CS 98. Cited. 36 CS 141; 45 CS 1.
Conn. Gen. Stat. § 54-1j — Connecticut Code / Title 54 / Chapter 959 / Section 54-1j
Sec. 54-1j. Ascertainment that defendant understands possible immigration and naturalization consequences of guilty or nolo contendere plea.
Status: in_force

(b) The defendant shall not be required at the time of the plea to disclose the defendant's legal status in the United States to the court.

(c) If the court fails to address the defendant personally and determine that the defendant fully understands the possible consequences of the defendant's plea, as required in subsection (a) of this section, and the defendant not later than three years after the acceptance of the plea shows that the defendant's plea and conviction may have one of the enumerated consequences, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty.

Court found that the time limit for filing motion was procedural in nature and therefore could be applied retroactively. 251 C. 617. Warning of deportation and denial was substantial compliance with provisions of statute since defendant was warned guilty plea implicates immigration status. 257 C. 653.

Court need only inform defendant of potential deportation consequences rather than engaging defendant in a manner to ensure full understanding. 62 CA 805. Section is in place only to call defendant's attention to potential immigration consequences under federal law, not to inform defendant of every possible consequence of a plea. 68 CA 499. Court's inquiry of defense counsel as to whether there were any immigration issues and whether counsel talked to defendant about possible consequences of pleas cannot be construed as substantial compliance with requirements of Subsec. (a). 120 CA 489; judgment reversed, see 303 C. 527.

Subsec. (a):

Court properly relied upon representations by defense counsel that defendant understood immigration consequences of guilty plea and court was not required to address defendant personally; substantial compliance with section is sufficient. 303 C. 527. Trial court is not required to inquire directly of a defendant as to whether he or she spoke with his or her counsel about the possible immigration consequences of pleading guilty before the court accepts the defendant's guilty plea. 325 C. 623.

Subsec. is plain and unambiguous, and requires that court address defendant personally and determine that defendant fully understands that immigration consequences may flow from entering a plea if a noncitizen, and court is only required to provide defendant an opportunity to discuss with defense counsel the possible immigration consequences of entering a plea if the court is made aware that defendant has not discussed those immigration consequences with defense counsel. 139 CA 308. Trial court erred in finding that canvas of defendant substantially complied with Subsec. because trial court simply advised defendant that his conviction could result in his removal or deportation from United States, it did not ask defendant nor did it make a determination that defendant understood potential immigration consequences of his guilty plea before he entered it. 180 CA 48.

Subsec. (c):

Under 1999 revision, court does not have jurisdiction to hear motion filed outside of 3-year period. 306 C. 125.
Conn. Gen. Stat. § 54-251 — Connecticut Code / Title 54 / Chapter 969 / Section 54-251
Sec. 54-251. Registration of person who has committed a criminal offense against a victim who is a minor or a nonviolent sexual offense.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 from the registration requirements of this section if the court finds that such person was under nineteen years of age at the time of the offense and that registration is not required for public safety.

(c) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a , from the registration requirements of this section if the court finds that registration is not required for public safety.

(d) Any person who files an application with the court to be exempted from the registration requirements of this section pursuant to subsection (b) or (c) of this section shall, pursuant to subsection (b) of section 54-227 , notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such application. The Office of Victim Services or the Victim Services Unit within the Department of Correction, or both, shall, pursuant to section 54-230 or 54-230a , notify any victim who has requested notification of the filing of such application. Prior to granting or denying such application, the court shall consider any information or statement provided by the victim.

(e) Any person who violates the provisions of subsection (a) of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Emergency Services and Public Protection without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.

Because statute imposes strict liability, actual notice to defendant and mens rea are not elements of the offense and therefore trial court's instructions were not constitutionally deficient. 286 C. 191. “Residence” means the act or fact of living in a given place for some time, but does not include temporary stays; “undue delay” means unwarranted or excessive postponement; legislature did not intend to adopt a bright-line definition for undue delay applicable to every situation but, rather, intended to make allowance for vagaries of individual conditions; “without undue delay” does not always mean within 5 business days. 306 C. 149.

Trial court erred when concluding that a finding of homelessness always constitutes a change of address. 148 CA 760.

Subsec. (a):

Court's failure to advise defendant of registration requirement prior to defendant's Alford plea does not render defendant exempt from registration requirement. 296 C. 305.

Absent clear expression of legislative intent, provisions do not apply to violations before effective date of section. 99 CA 358. Residence means any place of abode or dwelling place, however temporary it may be; court rejected defendant's claim that, due to the fact he was homeless, it was impossible for him to comply with the statutory requirement that he provide a residence address for registration purposes. 112 CA 458. Manifest injustice found where court not only failed to inform defendant that he would be required to register as a sex offender, but also failed to correct defendant's mistaken belief that by entering guilty plea pursuant to Sec. 53-21(a)(2), he would avoid such registration requirement. 127 CA 760. Because there was sufficient evidence supporting defendant's conviction of kidnapping in the second degree and because victim was under 18 at time offense was committed, Subsec. mandates defendant, upon release, register as a sex offender for a period of 10 years. 147 CA 598.

Subsec. (b):

Under the “may exempt” language in Subsec., even when the two enumerated factors are satisfied in a given case, the court still may decline to grant the registry exemption. 281 C. 5. Phrase “may exempt” means that a court may exercise its discretion to grant an exemption from registration once an individual has been convicted of violation of Sec. 53a-71(a)(1), regardless of whether the individual's obligation to register has commenced, as long as the two criteria set forth in Subsec. are satisfied, and therefore defendant retained statutory right to file application for exemption after having been placed on registry for approximately 7 years; plain language of Subsec. indicates that individual's right to seek exemption arises upon entry of judgment of conviction and continues throughout his or her obligation to register; Subsec. contains no provision imposing a temporal limitation on individual's statutory right to file application for exemption from registration. 320 C. 426.

Trial court's determination of whether to exempt individual from registration requirements under Subsec. is properly reviewed under an abuse of discretion standard. 86 CA 186. Subsec. permits a court to grant defendant's request for an exemption from the registration requirements after the obligation to register has commenced, where the registration was made a special condition of probation and the court finds that defendant's later rehabilitated status justifies modification. 147 CA 465.
Conn. Gen. Stat. § 54-82g — Connecticut Code / Title 54 / Chapter 961 / Section 54-82g
Sec. 54-82g. (Formerly Sec. 51-242). Peremptory challenges in criminal prosecution.
Status: in_force

Annotations to former section 51-242:

Peremptory challenge must be made at time of examination, unless new cause arises. 18 C. 177. Juror need not be sworn on voir dire; not a strict right, but may be granted; in any event waived by neglect to request. 47 C. 528. If challenge for favor overruled, no cause of complaint unless peremptory challenges exhausted. Id.; 49 C. 379. When court has discretion to sentence for life, accused may challenge 15 jurors peremptorily. Id., 232. Accused has no absolute right to examine jurors. 69 C. 186; 80 C. 614. Control of judge over examination. 72 C. 722. Where more than one count, number that may be challenged is determined by highest maximum punishment under any count. 80 C. 618. Disqualifications of jurors discussed; distinction between principal challenge and challenge to the favor. 103 C. 542. Challenge to the array, which can lie only for a cause affecting entire panel, discussed. 100 C. 209; 103 C. 471; 109 C. 572. Qualifications of jurors who hold opinions formed through news reports. 147 C. 194.

Annotations to present section:

Cited. 193 C. 646; 195 C. 421; 223 C. 299; 226 C. 618; 233 C. 813; 237 C. 238. Nothing in section requires trial court to permit a party to ascertain prospective jurors' views on specific evidence during voir dire. 269 C. 213. Death penalty unconstitutional under Art. I, Secs. 8 and 9 of Connecticut Constitution. 318 C. 1.

Cited. 7 CA 503; 16 CA 333; 36 CA 631; 38 CA 231.
Conn. Gen. Stat. § 54-194 — Connecticut Code / Title 54 / Chapter 967 / Section 54-194
Sec. 54-194. Effect of the repeal of a criminal statute.
Status: in_force

See Sec. 1-1 re words and phrases in general use throughout statutes.

Cited. 121 C. 200; 142 C. 29; 152 C. 81; 171 C. 524, 528. Repeal of any statute defining a crime shall not affect pending prosecutions thereunder unless expressly provided in repealing statute. 172 C. 242. Cited. 198 C. 158. Court declines to overrule State v. Kalil , 314 C. 529, and adopt the amelioration doctrine as it relates to section. 337 C. 739.

Cited. 22 CA 601. There is no express language in P.A. 11-71 or any indication in the legislative history that the legislature clearly and unequivocally intended P.A. 11-71 to apply retroactively and thus the savings statutes apply and the law in effect at the time of defendant's offense for possession of marijuana and use of drug paraphernalia controls. 147 CA 232; judgment reversed in part on alternate grounds, see 315 C. 861.

Cited. 29 CS 132; Id., 333.
Conn. Gen. Stat. § 54-76b — Connecticut Code / Title 54 / Chapter 960a / Section 54-76b
Sec. 54-76b. Youthful offenders: Definitions; applicability of interstate compact.
Status: in_force

(1) “Youth” means (A) a minor who has reached the age of sixteen years but has not reached the age of eighteen years at the time of the alleged offense, or (B) a child who has been transferred to the regular criminal docket of the Superior Court pursuant to section 46b-127 ; and

(2) “Youthful offender” means a youth who (A) is charged with the commission of a crime which is not a class A felony or a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 14-222a , subsection (a) or subdivision (1) of subsection (b) of section 14-224 , section 14-227a , 14-227g or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n , subdivision (2) of subsection (a) of section 53-21 or section 53a-70 , 53a-70a , 53a-71 , 53a-72a or 53a-72b , except a violation involving consensual sexual intercourse or sexual contact between the youth and another person who is thirteen years of age or older but under sixteen years of age, and (B) has not previously been convicted of a felony in the regular criminal docket of the Superior Court or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120 .

(b) The Interstate Compact for Adult Offender Supervision under section 54-133 shall apply to youthful offenders.

Cited. 173 C. 414; 179 C. 98. Overruled 179 C. 98 in determining that an order denying youthful offender status is not an appealable final judgment. 192 C. 85. Cited. 205 C. 638; 240 C. 743.

Cited. 6 CA 505; 8 CA 607; 20 CA 101.

Cited. 30 CS 71. Since motor vehicle violations are specifically excluded from definition of an offense, and, therefore, from definition of a crime, negligent homicide with a motor vehicle is not a crime to which youthful offender status may be applied. 49 CS 170.