Alcohol Education Program – Eligible After 10 Years

Conn. Gen. Stat. § 54-56g provides for an alcohol education system wherein the court file is sealed if the person swears:

1. For a violation of Conn. Gen. Stat. § 14-227a, the person has not had such a system invoked on his behalf within the preceding ten years for a violation of section 14-227a;
2. For a violation of Conn. Gen. Stat. § 14-227g, the person has never invoked such a system for a violation of Conn. Gen. Stat. § 14-227a or § 14-227g;
3. the person has never been convicted for violating:
   1. § 53a-56b or 53a-60d
   2. 14-227a(a) prior to October 1, 1981
   3. 14-227a(a)(1) or (a)(2) after October 1, 1985
4. person has never been convicted in any state of an offense with substantially similar elements of Conn. Gen. Stat. §§ 53a-56b, 53a-56d, 14-227a(a)(1) or 14-227a(a)(2).

Under the terms of the statute, the dates to be concerned about are the dates he applied for and was granted admission to the AEP program – the date the program was “invoked” on his behalf. If the next application occurs more than ten years after that date, he should be eligible for the AEP program. The court has discretion whether to grant the application. If the court is aware of the earlier use of the AEP program, it may have an impact on its decision.

Connecticut General Statutes Annotated

Title 54 Criminal Procedure Chapter 960 Information, Procedure and Bail

Effective: July 8, 2019

C.G.S.A. § 54-56g

• § 54-56g. Pretrial alcohol education program

Currentness

(a) (1) There shall be a pretrial alcohol education program for persons charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-133 or 15-140n. 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 dollars, and such person shall state under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that: (A) If such person is charged with a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, such person has not had such program invoked in such person’s behalf within the preceding ten years for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 or section 15-140n, (B) such person has not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-227a before, on or after October 1, 1981, a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985, a violation of section 14-227g, a violation of section 14-227m or a violation of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such person has not been convicted of a violation of section 15-132a, subsection (d) of section 15-133, section 15-140l or section 15-140n, (D) such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or (2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-133, and (E) notice has been given by such person, by registered or certified mail on a form prescribed by the Office of the Chief Court Administrator, to each victim who sustained a serious physical injury, as defined in section 53a-3, which was caused by such person’s alleged violation, that such person has applied to participate in the pretrial alcohol education program and that such victim has an opportunity to be heard by the court on the application.

(2) The court shall provide each such victim who sustained a serious physical injury an opportunity to be heard prior to granting an application under this section. Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education program if such person’s alleged violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-133 caused the serious physical injury, as defined in section 53a-3, of another person.

(3) The application fee imposed under this subsection shall be credited to the Criminal Injuries Compensation Fund established under section 54-215. The evaluation fee imposed under this subsection shall be credited to the pretrial account established under section 54-56k.

(b) The court, after consideration of the recommendation of the state’s attorney, assistant state’s attorney or deputy assistant state’s attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, the court shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant and to the Department of Mental Health and Addiction Services for evaluation. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon confirmation of eligibility and receipt of the evaluation report, the defendant shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in an appropriate alcohol intervention program for one year, or be placed in a state-licensed substance abuse treatment program. The alcohol intervention program shall include a ten-session intervention program and a fifteen-session intervention program. Any person who enters the pretrial alcohol education program shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person’s right to a speedy trial, (3) to complete ten or fifteen counseling sessions in an alcohol intervention program or successfully complete a substance abuse treatment program of not less than twelve sessions pursuant to this section dependent upon the evaluation report and the court order, (4) to commence participation in an alcohol intervention program or substance abuse treatment program not later than ninety days after the date of entry of the court order unless granted a delayed entry into a program by the court, (5) upon completion of participation in the alcohol intervention program, to accept placement in a substance abuse treatment program upon the recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (f) of this section or placement in a state-licensed substance abuse treatment program which meets standards established by the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate, and (6) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator’s license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in the pretrial alcohol education program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed. If the Court Support Services Division informs the court that the defendant is ineligible for such program and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment and such person does not request, or the court denies, program reinstatement under subsection (e) of this section, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of the defendant’s participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant’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 the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the Court Support Services Division for a period of ten years from the date the court grants the application for participation in such program. The Court Support Services Division shall transmit to the Department of Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a period of ten years the record of a person’s participation in such program as part of such person’s driving record. The Court Support Services Division shall transmit to the Department of Energy and Environmental Protection the record of participation of any person who satisfactorily completes such program who has been charged with a violation of the provisions of subsection (d) of section 15-133 or section 15-140n. The Department of Energy and Environmental Protection shall maintain for a period of ten years the record of a person’s participation in such program as a part of such person’s boater certification record.

(c) At the time the court grants the application for participation in the pretrial alcohol education program, such person shall also pay to the court a nonrefundable program fee of three hundred fifty dollars if such person is ordered to participate in the ten-session intervention program and a nonrefundable program fee of five hundred dollars if such person is ordered to participate in the fifteen-session intervention program. If the court grants the application for participation in the pretrial alcohol education program and such person is ordered to participate in a substance abuse treatment program, such person shall be responsible for the costs associated with participation in such program. No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program. If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application and such person is later determined to be ineligible for participation in such pretrial alcohol education 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.

(d) 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 a ten-session intervention program, a fifteen-session intervention program or placement in a state-licensed 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.

(e) When a person subsequently requests reinstatement into an alcohol intervention 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, such person shall pay a nonrefundable program fee of one hundred seventy-five dollars if ordered to complete a ten-session intervention program or two hundred fifty dollars if ordered to complete a fifteen-session intervention program, as the case may be. Unless good cause is shown, such fees shall not be waived. If the court grants a person’s request to be reinstated into a treatment program, such person shall be responsible for the costs, if any, associated with being reinstated into the treatment program. All program fees collected in connection with a reinstatement to an intervention 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.

(f) The Department of Mental Health and Addiction Services shall contract with service providers, develop standards and oversee appropriate alcohol programs to meet the requirements of this section. Said department shall adopt regulations, in accordance with chapter 54,¹ to establish standards for such alcohol programs. Any person ordered to participate in a treatment program shall do so at a state-licensed treatment program which meets the standards established by said department. Any defendant whose employment or residence makes it unreasonable to attend an alcohol intervention program or a substance abuse treatment program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application, evaluation and program fees and treatment costs, as appropriate, as provided in this section.

(g) The court may, as a condition of granting such application, require that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by 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 any drug, or both. Such organization may assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program, provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person.

(h) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n (1) while operating a commercial motor vehicle, as defined in section 14-1, or (2) who holds a commercial driver’s license or commercial driver’s instruction permit at the time of the violation.

Credits

(1981, P.A. 81-446, § 1; 1982, P.A. 82-408, § 1; 1982, P.A. 82-472, § 166, eff. June 14, 1982; 1983, P.A. 83-508, § 1, eff. July 1, 1983; 1983, P.A. 83-571, § 1; 1985, P.A. 85-350, § 3; 1985, P.A. 85-417; 1985, P.A. 85-529, § 1, eff. July 1, 1985; 1985, P.A. 85-596, § 3; 1986, P.A. 86-403, § 91, eff. June 11, 1986; 1989, P.A. 89-110, §§ 1 to 3; 1989, P.A. 89-219, § 8, eff. July 1, 1989; 1989, P.A. 89-314, § 4, eff. Jan. 1, 1990; 1991, P.A. 91-24, § 7, eff. Sept. 1, 1991; 1991, P.A. 91-243; 1992, May Sp.Sess., P.A. 92-6, § 81, eff. July 1, 1992; 1993, P.A. 93-381, § 9, eff. July 1, 1993; 1994, P.A. 94-135, § 8; 1995, P.A. 95-257, § 5, eff. July 1, 1995; 1996, P.A. 96-180, § 129, eff. June 3, 1996; 1997, P.A. 97-309, § 14, eff. July 1, 1997; 1997, June 18 Sp.Sess., P.A. 97-8, § 32, eff. July 1, 1997; 1998, P.A. 98-81, § 11; 1999, P.A. 99-255, § 3; 2001, P.A. 01-201, §§ 2, 3; 2001, June Sp.Sess., P.A. 01-8, § 9, eff. July 1, 2001; 2002, May 9 Sp.Sess., P.A. 02-1, § 117, eff. July 1, 2002; 2002, P.A. 02-132, § 35; 2003, P.A. 03-244, §§ 11, 13; 2003, June 30 Sp.Sess., P.A. 03-6, § 177; 2004, P.A. 04-250, § 2; 2004, P.A. 04-217, § 19, eff. Jan. 1, 2005; 2006, P.A. 06-130, § 21, eff. July 1, 2006; 2007, P.A. 07-167, § 42, eff. July 1, 2007; 2007, June Sp.Sess., P.A. 07-4, § 20; 2009, P.A. 09-140, § 14, eff. July 1, 2009; 2009, Sept.Sp.Sess., P.A. 09-3, § 54, eff. Jan. 1, 2010; 2010, P.A. 10-30, § 1, eff. July 1, 2010; 2010, P.A. 10-18, § 24; 2011, P.A. 11-80, § 1, eff. July 1, 2011; 2013, P.A. 13-271, § 44, eff. Jan. 1, 2014; 2014, P.A. 14-110, § 1; 2015, P.A. 15-85, § 20; 2015, P.A. 15-211, § 11; 2016, P.A. 16-126, § 4, 5; 2019, P.A. 19-151, § 4, eff. July 8, 2019.)

Historical and Statutory Notes

Codification

On and after July 1, 1993: the terms “department of health services”, “Connecticut alcohol and drug abuse commission”, or “state alcohol and drug abuse commission”, wherever appearing, have been changed to “department of public health and addiction services”; and the terms “commissioner of health services” or “executive director of the Connecticut alcohol and drug abuse commission”, wherever appearing, have been changed to “commissioner of public health and addiction services”, pursuant to 1993, P.A. 93-381, § 9. On and after July 1, 1995, the term “commissioner of public health and addiction services” has been changed to “commissioner of mental health and addiction services” and the term “department of public health and addiction services” has been changed to “department of mental health and addiction services” pursuant to 1995, P.A. 95-257, § 5, in the following provisions: C.G.S.A. §§ 4a-12, 17a-3, 19a- 2d, 19a·2e, 19a-2f, 19a-2g, 19a-4a, 19a-4b, 19a-4c, 19a-4d, 19a-4e, 19a·4f, 19a-4h, 19a-5b, 19a·5c, 19a- 89c, 19a·126, 19a-126a, 19a·126b, 19a-126d, 19a-126e, 19a-126f, 19a-l26g, 19a-127, 19a-127c, 20-74o, 20-74p, 20-74q, 20-74q, 20-74r, 21a·274a, 54-36i, and 54-56g. Technical changes were made to conform to Gen.St., Rev. to 2001. Technical changes were made to conform to Gen.St., Rev. to 2005. Technical changes were made to conform to Gen.St., Rev. to 2007. Section heading was changed to conform to the 2010 Supplement to the Connecticut General Statutes. Technical changes were made to conform to the 2010 Supplement to the Connecticut General Statutes. 2011, P.A. 11-80, § 1, classified to§ 22a-2d, established the Department of Energy and Environmental Protection, designated it as a successor department to the Department of Environmental Protection and the Department of Public Utility Control, and provided for a substitution of terms in certain C.G.S.A. sections from “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection”, from “Department of Environmental Protection” to “Department of Energy and Environmental Protection”, from “Department of Public Utility Control” to “Public Utilities Regulatory Authority”, from “Secretary of the Office of Policy and Management” to “Commissioner of Energy and Environmental Protection” from “Office of Policy and Management” to “Department of Energy and Environmental Protection”, from “secretary” to “commissioner”, from “department” to “authority”, from “Renewable Energy Investment Fund” to “Clean Energy Fund”, and, wherever appearing in any public or special act of 2011, or in any section of the general statutes, provided for a substitution of terms from “Department of Environmental Protection” or “Department of Public Utility Control” to “Department of Energy and Environmental Protection”, and from “Commissioner of Environment Protection” to “Commissioner of Energy and Environment Protection”.

Amendments

1982 Amendments, 1982, P.A. 82-408, § 1, added, at the end of the second sentence of subsec. (a), “before or after October 1, 1982″; divided the first sentence of subsec. (b) by substituting “may, in its discretion, grant such application. If the court grants such application, it” for “grants such application, the court” following “in charge of the case,”; deleted, from the beginning of the first sentence, “If”; deleted, from the sixth sentence of subsec. (b), “not” preceding “be effective during the”; deleted, from the end of the seventh sentence, “and any suspension of the motor vehicle operator’s license of such person pursuant to section 14-227b shall be effective”; deleted, from subsec. (b), a former ninth sentence which read “The suspension of any motor vehicle operator’s license of such person pursuant to section 14-227b shall be reversed upon the finding of satisfactory completion of such program.”; substituted, in the first sentence of subsec, (d), “The Connecticut alcohol and drug abuse commission shall contract with service providers, develop standards and oversee” for “The office of adult probation shall contract with the Connecticut alcohol and drug abuse commission for the purposes of developing standards and overseeing”; and substituted, in subsec. (e), “from which all monies except administrative costs, shall be transferred to the Connecticut alcohol and drug abuse commission, for the purpose of funding and overseeing” for “for the purpose of providing money for alcohol” following “education and treatment fund”. 1982, P.A. 82-472, § 166, added, at the end of the second sentence of subsec. (a), “, before or after October 1, 1981.” 1983 Amendments. 1983, P.A. 83-508, § 1, deleted “deposited in the fund established pursuant to subsection (e) of this section” following “all such fees shall be” and inserted “credited to the general fund” in cl. (3) of subsec. (c); and rewrote subsec. (e), which prior thereto read: “There is established a revolving fund to be known as the alcohol education and treatment fund from which all monies except administrative costs, shall be transferred to the Connecticut alcohol and drug abuse commission, for the purpose of funding and overseeing education and treatment programs in accordance with the provisions of this section.” 1983, P.A. 83-571, § 1, in subsec. (b), the fourth sentence, substituted a colon for “to” following “shall agree”, inserted the subdivision designations “(1)”, “(2)”, and “(3)”, deleted “and” and inserted a comma following “speedy trial” at the end of subd. (2), and inserted subd. (4); in the sixth sentence, deleted “defendant does” following “system or if the” and inserted “program provider certifies to the court that the defendant did”, inserted “or is no longer amenable to treatment under such program”, deleted “and his case shall be brought to trial” following “unsealed” and inserted “, enter a plea of not guilty for such defendant and immediately place the case on trail list” and added the last two sentences relating to transmitting a record of participation to the department of motor vehicles, and maintaining the record of participation for seven years. 1985 Amendments. 1985, PTA. 85-350, § 3, in subsec. (a), inserted the third sentence relating to ineligibility for participation in the program if the alleged violation caused serious physical injury; and in subsec. (b), inserted the ninth sentence relating to dismissal of charges on motion of the court where defendant does not apply for dismissal. 1985, P.A. 85-417, substituted “bail commission” for “office of adult probation” in subsecs. (b) and (c). 1985, P.A. 85-529, § 1, in subsec. (a), inserted “and payment to the court of an application fee of fifteen dollars” in the second sentence, and added the last sentence regarding crediting of the fee. 1985, P.A. 85-596, § 3, in subsec. (a), inserted “subsection (a) of” preceding “section 14-227a” and “or a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985″ in the second sentence. 1986 Amendment. 1986, P.A. 86-403, § 91, in subsec, (b), provided that the record of participation in an alcohol education or treatment program be submitted by the bail commission, rather than by the office of adult probation. 1989 Amendments. 1989, P.A. 89-110, § 1, in subsec. (d), added provisions relating to attendance by a defendant in an out-of-state alcohol education and treatment program with standards substantially similar to or higher than those of this state. 1989, P.A. 89-110, § 2, in subsec. (a), among other changes inserted reference to a violation of §§ 53a-56b or 53a-60d, and added provisions relative to a conviction in any other state for an offense substantially the same as §§ 53a-56b or 53a-60d or subds. (1) or (2) of § 14-227a(a). 1989, P.A. 89-110, § 3, in subsec. (b), provided that the bail commission, in making its assessment and recommendation regarding partitipatioi-1 in a program of alcohol education and treatment, may rely on the representations made by the applicant under oath in open court regarding convictions in other states of offenses specified in subsec. (a) of this section. 1989, P.A. 89-219, § 8, without incorporating changes made by 1989, P.A. 89-110, § 2, increased the application fee from $15.00 to $50.00. 1989; P.A. 89-314, § 4, without incorporating changes made by 1989, P.A. 89-110, § 3, in subsec. (b), in the provision which states that the suspension of the motor vehicle operator’s license shall be effective during the period such person is participating in the program, added the proviso that such person shall have the option of not commencing participation in such program until the period of suspension is completed. 1991 Amendments. 1991, P.A. 91-24, § 7, in subsec. (a), authorized statements to be made under oath before any person designated by the clerk and duly authorized to administer oaths. 1991, P.A. 91-243, without incorporating changes by 1991, P.A. 91-24, § 7, in subsec. (b), provided that the bail commissioner would assess eligibility but deleted provisions requiring the commission to make recommendations, and provided that referral would be to the Connecticut alcohol and drug abuse commission; in subsec. (b)(3), added requirement of completing program; in subsec. (b)(4), substituted reference to a program with similar or higher standards for reference to more intensive treatment; in subsec. (b), also provided that on motion of the defendant and a showing of good cause, the court could extend the one-year placement period; and deleted subsec. (e), which provided that any balance left in the alcohol education and treatment fund on July 1, 1983, would be transferred to the general fund. 1992 Amendment. 1992, May Sp.Sess., P.A. 92-6, § 81, in subsec. (c), increased fee to $350 from $250. 1994 Amendment. 1994, P.A. 94-135, § 8, rewrote subsecs. (b) and (c), which prior thereto read: “(b) The court, after consideration of the recommendation of the state’s attorney, assistant state’s attorney or deputy assistant state’s attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, it shall refer such person to the bail commission for assessment of the eligibility of the applicant. The bail commission, in making its assessment, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon completion of the assessment, the court shall determine whether such person is eligible for the pretrial alcohol education system. If the court determines that the defendant is eligible, the defendant shall be referred to the department of public health and addiction services by the bail commission for evaluation and placement in an appropriate alcohol program for one year. Any person who enters the system shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of his right to a speedy trial, (3) to participate in at least eight meetings or counseling sessions in an alcohol program pursuant to this section and complete the assigned program, and (4) to accept placement in a treatment program upon recommendation of a provider under contract with the department of public health and addiction services pursuant to subsection (d) of this section or placement in a treatment program which has standards substantially similar to, or higher than, a program of a provider under contract with the department of public health and addiction services if the bail commission deems it appropriate. The suspension of the motor vehicle operator’s license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in such program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed. If the court determines the defendant ineligible for the system or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment, the court shall order the information or complaint to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program he may apply for dismissal of the charges against him and the court, on reviewing the record of his participation in such program submitted by the bail commission and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against him after satisfactorily completing the assigned program the court, upon receipt of the record of his participation in such program submitted by the bail commission, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the bail commission for a period of seven years from the date of application. The bail commission shall transmit to the department of motor vehicles a record of participation in such program for each person who satisfactorily completes such program. The department of motor vehicles shall maintain for a period of seven years the record of a person’s participation in such program as part of such person’s driving record. “(c) A fee of three hundred fifty dollars shall be paid to the court by any person who participates in the pretrial alcohol education system, except that no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the bail commission, and (3) the court enters a finding thereof. All such fees shall be credited to the general fund.” 1996 Amendment. 1996, P.A. 96-180, § 129, in subsec. (d), substituted “Said department” for “Said commission”. 1997 Amendments. 1997, P.A. 97-309, § 14, and 1997, June 18 Sp.Sess., P.A. 97-8, § 32, in subsec. (b), identically substituted “ten counseling sessions” for “eight meetings or counseling sessions”; and in subsec. (c), identically increased the fee from $350 to $425. 1998 Amendment. 1998, P.A. 98-81, § 11, in subsec. (a), substituted “the court file sealed” for “such information or complaint to be filed as a sealed information or complaint”; and in subsec. (b), substituted “court file” for “information or complaint”. 1999 Amendment. 1999, P.A. 99-255, § 3, in subsec. (b), inserted “or, if such person was charged with a violation of subdivision (2) of subsection (a) of section 14-227a where the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent of more of alcohol, by weight, to participate in at least fifteen counseling sessions in an alcohol program pursuant to this section,”; in subsec. (c), inserted “or, if such person was charged with a violation of subdivision (2) of subsection (a) of section 14-227a where the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, a nonrefundable program fee of six hundred dollars” and deleted “four-hundred¬ twenty-five-dollar” before “program fee”; made changes necessary to make section language gender-neutral. 2001. Amendments. 2001, June Sp.Sess., P.A. 01-8, § 9, substituted “Pretrial Account” for “General Fund” in subsec. (c), 2001, P.A. 01-201, § 2, added subd. (5) of subsec. (b), and made other nonsubstantive changes. 2001, P.A. 01-201, § 3, added subsec. (e). 2002 Amendments. 2002, P.A. 02-132, § 35, in subsecs. (b) and (c), substituted “Court Support Services Division” for “Bail Commission” throughout. 2002, May 9 Sp.Sess., P.A. 02-1, § 117, rewrote this section, which prior thereto read: “(a) There shall be a pretrial alcohol education system for persons charged with a violation of section 14-227a. Upon application by any such person for participation in such system and payment to the court of an application fee of fifty dollars, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that such person has never had such system invoked in such person’s behalf and that such person has not been convicted of a violation of section 53a-56b or 53a-60d; a violation of subsection (a) of section 14-227a before or after October 1, 1981, or a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985, and that such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subdivision (1) or (2) of subsection (a) of section 14-227a. Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education system if such person’s alleged violation of section 14¬227a caused the serious physical injury, as defined in section 53a-3, of another person. The fee imposed by this subsection shall be credited to the Criminal Injuries Compensation Fund established by section 54-215. “(b) The court, after consideration of the recommendation of the state’s attorney, assistant state’s attorney or deputy assistant state’s attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, it shall refer such person to the Bail Commission for assessment and confirmation of the eligibility of the applicant. The Bail Commission, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (e) of this section. Upon confirmation of eligibility, the defendant shall be referred to the Department of Mental Health and Addiction Services by the Bail Commission for evaluation and placement in an appropriate alcohol program for one year. Any person who enters the system shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person’s right to a speedy trial, (3) to participate in at least ten counseling sessions in an alcohol program pursuant to this section or, if such person was charged with a violation of subdivision (2) of subsection (a) of section 14-227a, where the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, to participate in at least fifteen counseling sessions in an alcohol program pursuant to this section, and complete the assigned program, (4) to accept placement in a treatment program upon recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (d) of this section or placement in a treatment program which has standards substantially similar to, or higher than, a program of a provider under contract with the Department of Mental Health and Addiction Services if the Bail Commission deems it appropriate, and (5) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator’s license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in such program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed. If the Bail Commission informs the court that the defendant is ineligible for the system and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of the defendant’s participation in such program submitted by the Bail Commission and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant’s participation in such program submitted by the Bail Commission, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the Bail Commission for a period of seven years from the date of application. The Bail Commission shall transmit to the Department of Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a period of seven years the record of a person’s participation in such program as part of such person’s driving record. “(c) At the time the court grants the application for participation in the pretrial alcohol education system, such person shall also pay to the court a nonrefundable program fee of four hundred twenty-five dollars or, if such person was charged with a violation of subdivision (2) of subsection (a) of section 14-227a, where the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, a nonrefundable program fee of six hundred dollars, except that no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Bail Commission, and (3) the court enters a finding thereof. If the court denies the application, such person shall not be required to pay-the program fee. If the court grants the application, and such person is later determined to be ineligible for participation in such pretrial alcohol education system or fails to complete the assigned program, the program fee shall not be refunded. All such program fees shall be credited to the pretrial account. “(d) The Department of Mental Health and Addiction Services shall contract with service providers, develop standards and oversee appropriate alcohol programs to meet the requirements of this section. Said department shall adopt regulations in accordance with chapter 54 to establish standards for such alcohol programs. Any defendant whose employment or residence makes it unreasonable to attend an alcohol program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application and program fees as provided in this section. “(e) The court may; as a condition of granting such application, require that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by 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 any drug, or both. Such organization may assess a participation fee of not more than twenty-five dollars on any person required by the court to participate in such program.” 2003 Amendments. 2003, P.A. 03-244, § 11, in subsec. (a), added “and the provisions of section 15-133, 15-1401 and 15-140n” following “violation of section 14-227a”. 2003, P.A. 03-244, § 13, in subsec. (b), added “The Court Support Services Division shall transmit to the Department of Environmental Protection the record of participation of any person who satisfactorily completes such program who has been charged with a violation of the provisions of section 15-133, 15- 1401or 15-140n. The Department of Environmental Protection shall maintain for a period of seven years the record of a person’s participation in such program as a part of such person’s boater certification record.”. 2003, June 30 Sp.Sess., P.A. 03-6, § 177, rewrote subsec. (a), which prior thereto read: “(a) There shall be a pretrial alcohol education system for persons charged with a violation of section 14-227a and the provisions of sections 15-133, 15-1401 and 15-140n. Upon application by any such person for participation in such system and payment to the court of an application fee of fifty dollars, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that such person has never had such system invoked in such person’s behalf and that such person has not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-227a before or after October 1, 1981, or a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985, and that such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subdivision (1) or (2) of subsection (a) of section 14227a. Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education system if such person’s alleged violation of section 14-227a caused the serious physical injury, as defined in section 53a-3, of another person. The fee imposed by this subsection shall be credited to the Criminal Injuries Compensation Fund established by section 54-215.” 2004 Amendments. 2004, P.A. 04-250, § 2, substituted “14-227a, 14-227g, 15-133, 15-1401 or 15-140n” for “14-227a or 14-227g and the provisions of sections 15-133, 15-1401 and 15-140n” in the first sentence in subsec. (a); inserted “application” preceding “fee” in the final sentence in subsec. (a); inserted “or be placed in a state-licensed substance abuse treatment program” in the fourth serilemu of subsec. (b); inserted “or successfully complete a substance abuse treatment program of not less than twelve sessions” in subd. (3) of subsec. (b); inserted “upon completion of participation in the alcohol intervention program,” and “state-licensed” and substituted “meets standards established by” for “has standards substantially similar to, or higher than, a program of a provider under contract with” in subd. (4) of subsec. (b); rewrote subsec. (c); added the third sentence in subsec. (d); inserted “intervention program or a treatment” and “as appropriate,” in the final sentence of subsec. (d); and made other nonsubstantive changes. Prior to amendment, subsec. (c) read: “(c) At the time the court grants the application for participation in the pretrial alcohol education system, such person shall also pay to the court a nonrefundable program fee of three hundred twenty-five dollars if such person is ordered to participate in the ten-session program and a nonrefundable program fee of five hundred dollars if such person is ordered to participate in the fifteen-session program, except that no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application, and such person is later determined to be ineligible for participation in such pretrial alcohol education system or fails to complete the assigned program, the program fee shall not be refunded. All such evaluation and program fees shall be credited to the pretrial account.” 2004, P.A. 04-217, § 19, added subsec. (f). 2006 Amendment. 2006, P.A. 06-130, § 21, inserted “or who is the holder of a commercial driver’s license, as defined in said section 14-1″ in subsec. (f). 2007 Amendments 2007, P.A.07-167, § 41, deleted “or who is the holder of a commercial driver’s, license, as defined in section 14-1″ as the concluding phrase in subsec. (f). 2007, June Sp.Sess., P.A. 07-4, § 20, in subsec. (e), increased the participation fee from $25 to $75, and inserted “, provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person.” 2009 Amendments. 2009, P.A. 09-140, § 14, inserted “or section 1 of public act 09-140″ in subsecs. (a) and (b), and made other nonsubstantive changes. 2009, Sept.Sp.Sess., P.A. 09-3, § 54, in subsec. (a), substituted “program” for “system” in the first sentence, increased the application fee from $50 to $100 in the second sentence, and added the final sentence; substituted “section 1 of public act 09-140″ for “this act” in subsecs. (a) and (b); in subsec. (b), inserted “The alcohol intervention program shall include a ten-session intervention program and a fifteen-session intervention program”, and “and such person does not pursue, or the court denies, program reinstatement under subsection (e) of this section”, and increased the retention period for maintenance of the record of a person’s participation in the program as part of such person’s driving record or as part of such person’s boater certification record from 7 years to 10 years; added subd. (b)(4); redesignated former subds. (b)(4) and (b)(5) as subds. (b)(5) and (b)(6), respectively; substituted “subsection (f) of this section” for “subsection (d) of this section” in subd. (b)(5); in subsec. (c), increased the program fee from $25 to $50 and deleted “such evaluation and” preceding “program fees” in the final sentence; added subsecs. (d) and (e); and redesignated former subsecs. (d) through (f) as subsecs. (f) through (h), respectively. 2010 Amendments. 2010, P.A. 10-18, § 24, changed references from the pretrial alcohol education “system” to the pretrial alcohol education “program” wherever appearing, and made a nonsubstantive technical revision in subsec. (b). 2010, P.A. 10-30, § 1, changed references from pretrial alcohol education “system” to pretrial alcohol education “program”, and from treatment program to “substance abuse” treatment program wherever appearing; inserted “imposed by this subsection” in subsec. (a); substituted “period of ten years from the date the court grants the application for participation in such program” for “period of seven years from the date of application” in subsec. (b); in subsec. (c), substituted “If the court grants the application for participation in the pretrial alcohol education program and such person is ordered to participate in a substance abuse treatment program” for “If the court grants participation in a treatment program”, and added the fifth sentence; and made other nonsubstantive technical revisions.

CROSS-REFERENCES

Administrative pardons, regulations, see C.G.S.A. § 54-124a. Court order for suspension of prosecution and for treatment of alcohol or drug dependency, see C.G.S.A. § 17a-696.

Law Review and Journal Commentaries

Criminal Law. Carl J. Schuman, 56 Conn.B.J. 103 (1982).

Library References

Chemical Dependents 11, 13. Sentencing and Punishment 2050 to 2096. Westlaw Topic Nos. 76A, 350H. C.J.S. Chemical Dependents §§ 12 to 16. C.J.S. Criminal Law §§ 425 to 444, 449.

Research References

ALR Library 87 ALR 2nd 1019, Validity, Construction, and Application of Provision for Revocation or Suspension of Driver’s License Because of Conviction of Traffic Violation in Another State. Treatises and Practice Aids 4 Connecticut Practice Series § 39-33, Miscellaneous Dispositions [Formerly § 7301. 4 Connecticut Practice Series § 43-40, Speedy Trial–Excluded Time Periods in Determining Speedy Trial [Formerly § 956c). 10 Connecticut Practice Series App. § 53A-24, Offense Defined. Application of Sentencing Provisions to Motor Vehicle and Drug Selling Violators. 21 Connecticut Practice Series § 1:6, The Wake-Up Call–The Office Consultation. 21 Connecticut Practice Series § 16:7, Out of State Convictions–New York. 21 Connecticut Practice Series § 16:9, Second Conviction Within Ten Years is Now a Felony. 21 Connecticut Practice Series § 17:4, Counting the Ten Years. 21 Connecticut Practice Series § 17:5, Aep Before and After 21. 21 Connecticut Practice Series § 17:6, Aep Hypothetical. 21 Connecticut Practice Series § 17:8, Removal from Aep. 21 Connecticut Practice Series § 17:9, Aep Dismissal. 21 Connecticut Practice Series § 17:11, Expungement of Records.

United States Code Annotated

Undergoing treatment for drug or alcohol dependency as condition of probation, see 18 U.S.C.A. § 3563.

Notes of Decisions

1. Date of offense Date of the offense for violations of C.G.S.A. § 14-227a, on or after October 1, 1981, not the date of conviction, is the determining factor in deciding whether one is a multiple offender under this section. Op.Atty.Gen. No. 84-122 (Oct. 17, 1984), 1984 Conn. Op. Atty. Gen. 435, 1984 WL 249277. 2. Denial of application Motorist accused of operating a motor vehicle while under the influence of intoxicating liquor or drugs was ineligible for pretrial alcohol education program, where motorist held a commercial driver’s license when State filed its information formally charging her with the offense, though thereafter she voluntarily caused the rescission of her commercial driver’s license by returning it to the Department of Motor Vehicles. State v. Custer (2008) 956 A.2d 604, 110 Conn.App. 836. Chemical Dependents 12 Trial court did not abuse its discretion by denying driving under the influence defendant’s application to participate in pretrial alcohol education program, where defendant did not apply for participation in trial until after trial had begun. State v. Lefort (2005) 862 A.2d 875, 86 Conn.App. 751, certification denied 870 A.2d 1082, 273 Conn. 910, error coram nobis denied 2006 WL 6625193. Chemical Dependents…..16 Denial of DWI defendant’s motion to participate in pretrial alcohol education program was not abuse of discretion, where defendant did not apply for participation in program until after trial on merits had been completed. State v. Arisco (1995) 663 A.2d 442, 39 Conn.App. 11. Chemical Dependents 16 3. Disclosure of records Appellate Session of the Superior Court lacked jurisdiction to hear appeal from the trial court’s denial of application by defendant, who had been charged with crime of operating motor vehicle under influence of intoxicating liquor and with driving in wrong lane of limited access highway, for participation in statutory pretrial alcohol education program, in view of fact that application was essentially interlocutory in nature, since grant thereof would effectively suspend criminal prosecution, and denial did not come within any exception to rule allowing appeals only from final judgments, defendant lacked standing to assert claim of deprivation of right to reversal of suspension of driver’s license for refusal to submit to chemical analysis, and denial of application did not result in irreparable loss of privacy. State v. Dionne (1983) 460 A.2d 503; 38 Conn.Supp. 503. Criminal Law 1023(3) 4. Termination of participation Due process did not require that defendant be given formal notice that subsequent conviction for driving while intoxicated might result in her expulsion from pretrial alcohol education and treatment program. State v. Descoteaux (1986) 509 A.2d 1035, 200 Conn. 102. Constitutional Law 4739 Defendant, who was charged with driving under influence of intoxicating liquor, had notice that her participation in pretrial alcohol education and treatment program could be terminated upon subsequent conviction for driving while intoxicated where she was required to state under oath that she had never had program invoked in her behalf and that she had never been convicted of driving while intoxicated, and oath, and very nature of program itself, necessarily put her on notice that driving while intoxicated would violate spirit, if not letter, of governing statute. State v. Descoteaux (1986) 509 A.2d 1035, 200 Conn. 102. Sentencing And Punishment 2087 Defendant’s conviction for operating motor vehicle while under influence of intoxicating liquor while she was participating in pretrial program of alcohol education and treatment provided adequate basis for trial court to remove defendant from program. State v. Descoteaux (1986) 509 A.2d 1035, 200 Conn. 102. Sentencing And Punishment 2087 5. Review Applications for participation in pretrial alcohol education program may be granted or denied in discretion of trial court, and Appellate Court’s review of trial court’s decision is limited to whether trial court abused its discretion. State v. Arisco (1995) 663 A.2d 442, 39 Conn.App. 11. Chemical Dependents 14; Chemical Dependents 25; Criminal Law 1148 C. G. S. A. § 54-56g, CT ST § 54-56g Current with Public Acts enrolled and approved by the Governor on or before June 25, 2013 and effective on or before July 1, 2013, except for Public Acts 13-184, 13-196, 13-234, and 13-247 (C) 2013 Thomson Reuters