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Section 54-56e – (Formerly Sec. 54-76p). Accelerated pretrial rehabilitation

May 11, 2021 | Connecticut, Criminal Procedure

(a) There shall be a pretrial program for accelerated rehabilitation of persons accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature. Upon application by any such person for participation in the program, the court shall, but only as to the public, order the court file sealed.
(b) The court may, in its discretion, invoke such program on motion of the defendant or on motion of a state’s attorney or prosecuting attorney with respect to a defendant (1) who, the court believes, will probably not offend in the future, (2) who has no previous record of conviction of a crime or of a violation of section 14-196, subsection (c) of section 14-215, section 14-222a, subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a or 14-227 m or subdivision (1) or (2) of subsection (a) of section 14-227n, and (3) who states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury, (A) that the defendant has never had such program invoked on the defendant’s behalf or that the defendant was charged with a misdemeanor or a motor vehicle violation for which a term of imprisonment of one year or less may be imposed and ten or more years have passed since the date that any charge or charges for which the program was invoked on the defendant’s behalf were dismissed by the court, or (B) with respect to a defendant who is a veteran, that the defendant has not had such program invoked in the defendant’s behalf more than once previously, provided the defendant shall agree thereto and provided notice has been given by the defendant, on a form prescribed by the Office of the Chief Court Administrator, to the victim or victims of such crime or motor vehicle violation, if any, by registered or certified mail and such victim or victims have an opportunity to be heard thereon. Any defendant who makes application for participation in such program shall pay to the court an application fee of thirty-five dollars. No defendant shall be allowed to participate in the pretrial program for accelerated rehabilitation more than two times. For the purposes of this section, “veteran” means any person who was discharged or released under conditions other than dishonorable from active service in the armed forces as defined in section 27-103.
(c) This section shall not be applicable:

(1) To any person charged with (A) a class A felony, (B) a class B felony, except a violation of subdivision (1), (2) or (3) of subsection (a) 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 subdivision (4) of subsection (a) of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person and does not involve a violation by a person who is a public official, as defined in section 1-110, or a state or municipal employee, as defined in section 1-110, or (C) 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, except as provided in subdivision (5) of this subsection, 53a-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f,
(2) 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,
(3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c, or (B) has previously had the pretrial family violence education program invoked in such person’s behalf,
(4) to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education and community service program established under section 54-56i, or (B) has previously had the pretrial drug education program or the pretrial drug education and community service program invoked on such person’s behalf,
(5) unless good cause is shown, to (A) any person charged with a class C felony, or (B) any person charged with committing a violation of subdivision (1) of subsection (a) of section 53a-71 while such person was less than four years older than the other person,
(6) to any person charged with a violation of section 9-359 or 9-359a,
(7) to any person charged with a motor vehicle violation (A) while operating a commercial motor vehicle, as defined in section 14-1, or (B) who holds a commercial driver’s license or commercial driver’s instruction permit at the time of the violation,
(8) to any person charged with a violation of subdivision (6) of subsection (a) of section 53a-60, or
(9) to a health care provider or vendor participating in the state’s Medicaid program charged with a violation of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.
(d) Except as provided in subsection (e) of this section, any defendant who enters such program shall pay to the court a participation fee of one hundred dollars. Any defendant who enters such program shall agree to the tolling of any statute of limitations with respect to such crime and to a waiver of the right to a speedy trial. Any such defendant shall appear in court and shall, under such conditions as the court shall order, be released to the custody of the Court Support Services Division, except that, if a criminal docket for drug-dependent persons has been established pursuant to section 51-181b in the judicial district, such defendant may be transferred, under such conditions as the court shall order, to the court handling such docket for supervision by such court. If the defendant refuses to accept, or, having accepted, violates such conditions, the defendant’s case shall be brought to trial. The period of such probation or supervision, or both, shall not exceed two years. If the defendant has reached the age of sixteen years but has not reached the age of eighteen years, the court may order that as a condition of such probation the defendant be referred for services to a youth service bureau established pursuant to section 10-19m, provided the court finds, through an assessment by a youth service bureau or its designee, that the defendant is in need of and likely to benefit from such services. When determining any conditions of probation to order for a person entering such program who was charged with a misdemeanor that did not involve the use, attempted use or threatened use of physical force against another person or a motor vehicle violation, the court shall consider ordering the person to perform community service in the community in which the offense or violation occurred. If the court determines that community service is appropriate, such community service may be implemented by a community court established in accordance with section 51-181c if the offense or violation occurred within the jurisdiction of a community court established by said section. If the defendant is charged with a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, the court may order that as a condition of such probation the defendant participate in a hate crimes diversion program as provided in subsection (e) of this section. If a defendant is charged with a violation of section 53-247, the court may order that as a condition of such probation the defendant 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 defendant.
(e) If the court orders the defendant to participate in a hate crimes diversion program as a condition of probation, the defendant shall pay to the court a participation fee of four hundred twenty-five dollars. 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 or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The Judicial Department shall contract with service providers, develop standards and oversee appropriate hate crimes diversion programs to meet the requirements of this section. Any defendant whose employment or residence makes it unreasonable to attend a hate crimes diversion 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. The hate crimes diversion program shall consist of an educational program and supervised community service.
(f) If a defendant released to the custody of the Court Support Services Division satisfactorily completes such defendant’s period of probation, such defendant may apply for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing such defendant’s period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the defendant satisfactorily completed such defendant’s period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. If a defendant transferred to the court handling the criminal docket for drug-dependent persons satisfactorily completes such defendant’s period of supervision, the court shall release the defendant to the custody of the Court Support Services Division under such conditions as the court shall order or shall dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a defendant who has completed such defendant’s period of probation or supervision or terminating the participation of a defendant in such program shall be a final judgment for purposes of appeal.

Conn. Gen. Stat. ยง 54-56e

(P.A. 73-641, S. 1, 2; P.A. 74-38; P.A. 76-53; 76-179; P.A. 79-581, S. 11; 79-585, S. 10, 15; P.A. 81-446, S. 4; P.A. 82-9; P.A. 83-534, S. 7; P.A. 85-350, S. 2; 85-374; P.A. 87-343, S. 3, 4; P.A. 87-567, S. 5, 7; P.A. 88-145; P.A. 89-219, S. 7, 10; P.A. 91-24, S. 6; May Sp. Sess. P.A. 92-6, S. 116, 117; P.A. 93-138; P.A. 95-142, S. 4; 95-154; 95-225, S. 31; P.A. 97-248, S. 10, 12; P.A. 98-81, S. 16, 20; 98-208, S. 1, 2; P.A. 99-148, S. 3, 4; 99-187, S. 5; P.A. 00-72, S. 4, 12; 00-196, S. 39; 00-209, S. 5; P.A. 01-16; 01-84, S. 19, 26; P.A. 02-132, S. 34; P.A. 03-208, S. 2; P.A. 04-139, S. 9; P.A. 05-235, S. 5; P.A. 07-217, S. 192; P.A. 10-43, S. 22; P.A. 11-158, S. 1; P.A. 12-42, S. 2; P.A. 13-159, S. 3; 13-271, S. 43; P.A. 14-56, S. 3; 14-130, S. 34; 14-220, S. 2; 14-233, S. 7; P.A. 15-85, S. 19; 15-211, S. 10; P.A. 16-126, S. 32; 16-193, S. 29.)

Amended by P.A. 19-0189,S. 25 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.
Amended by P.A. 16-0193, S. 29 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.
Amended by P.A. 16-0126, S. 32 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.
Amended by P.A. 15-0211, S. 10 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.
Amended by P.A. 15-0085, S. 19 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.
Amended by P.A. 14-0233, S. 7 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.
Amended by P.A. 14-0220, S. 2 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.
Amended by P.A. 14-0130, S. 34 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.
Amended by P.A. 14-0056, S. 3 of the Connecticut Acts of the 2014 Regular Session, eff. 5/23/2014.

Annotations to former section 54-76p: Cited. 36 CS 527. Found error in denial of application for accelerated rehabilitation; detailed discussion in dissent. 37 CS 767. Annotations to present section: Claim to a dismissal of charges based on successful completion of conditions imposed under statute is interlocutory and review of claim not deemed proper as an exception to the ground rule requiring final judgment; exceptions discussed. 194 C. 650. Cited. 206 C. 512; 219 C. 752; 222 Conn. 331. Arbitrator improperly relied on employee’s admission into accelerated rehabilitation program as evidence of cause for employee’s discharge from employment despite clear and significant public policy that acceptance of accelerated rehabilitation is not evidence of guilt, that it cannot be used as evidence of guilt, and that it has no probative value on the issues of guilt or innocence of the charged offenses. 298 C. 824. Under 2014 Supplement, because the purpose of accelerated rehabilitation is to grant onetime offenders an opportunity to maintain a clean criminal record, a conviction obtained while participating in the program violates the purpose of section and requires a finding of unsatisfactory completion. 313 C. 590. Denial of application for accelerated rehabilitation is not appealable following plea of nolo contendere. 2 CA 219. “Crime” means a single criminal act or transaction out of which one or more criminal charges might arise; determinative criterion governing statute is whether charges arise out of same act or transaction. 6 CA 505. Cited. 8 CA 273; 9 CA 631; judgment reversed, see 205 C. 352; Id., 686; 23 CA 559. Defendant charged with more than one single criminal act or transaction is ineligible for accelerated rehabilitation. 25 CA 235. Cited. 27 CA 635. Section is mandatory in nature; failure to complete satisfactorily the period of pretrial probation requires that case be returned to docket for trial. 45 Conn.App. 722. Court’s appraisal of sufficiency of required apology to victim upheld, where defendant initiated other litigation that may have been impacted by wording of apology. 108 CA 605. Mere arrest of defendant, without more, was not sufficient ground to terminate defendant’s accelerated rehabilitation. 110 CA 814. Mere arrest of defendant, without more, is an insufficient ground for revoking his eligibility for dismissal of charges pursuant to accelerated rehabilitation program. 37 CS 853. Cited. Id., 864. Denial of application for accelerated rehabilitation not a final judgment from which right of appeal lies. 38 CS 552. Cited. Id., 689; 41 CS 454. Subsec. (a): After defendant’s completion of program, court must act affirmatively by making a finding of satisfactory completion in order to dismiss charges against defendant and state’s failure to terminate his status in the program during period of probation does not require court to dismiss the underlying charge. 98 CA 111. Legislature’s use of both the singular “crime” and the plural “crimes” reflects the legislature’s intent that statute may be invoked with respect to defendant accused of either one crime or multiple crimes, regardless of whether those crimes are temporally or otherwise related. 110 CA 442.