Sec. 53a-39a. Alternate incarceration program.
Sec. 53a-39a. Alternate incarceration program. (a) In all cases where a defendant has been convicted of a misdemeanor or a felony, other than a capital felony, a
class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b,
53a-57, 53a-58 or 53a-70b or any other offense for which there is a mandatory minimum
sentence which may not be suspended or reduced by the court, after trial or by a plea
of guilty without trial, and a term of imprisonment is part of a stated plea agreement or
the statutory penalty provides for a term of imprisonment, the court may, in its discretion,
order an assessment for placement in an alternate incarceration program under contract
with the Judicial Department. If the Court Support Services Division recommends placement in an alternate incarceration program, it shall also submit to the court a proposed
alternate incarceration plan. Upon completion of the assessment, the court shall determine whether such defendant shall be ordered to participate in such program as an
alternative to incarceration. If the court determines that the defendant shall participate
in such program, the court shall suspend any sentence of imprisonment and shall make
participation in the alternate incarceration program a condition of probation as provided
in section 53a-30.
(b) An alternate incarceration program includes, but shall not be limited to, an intensive probation program, any community service program approved by the Chief Court
Administrator and any residential or nonresidential program approved by the Chief
Court Administrator which provides care, supervision and supportive services such as
employment, psychiatric and psychological evaluation and counseling, and drug and
alcohol dependency treatment. Any defendant placed in an alternate incarceration program shall comply with any other conditions of probation ordered by the court or required
by the Court Support Services Division, as provided in subsections (a) and (b) of section
53a-30.
(P.A. 89-383, S. 3, 16; P.A. 94-128, S. 1, 3; P.A. 02-132, S. 33.)
History: P.A. 89-383, S. 3 effective July 5, 1989, to July 1, 1994; P.A. 94-128 negated effect of P.A. 89-383, reenacting
and continuing existence of section, effective July 1, 1994; P.A. 02-132 amended Subsec. (a) by replacing "program to be
conducted by the Office of Adult Probation" with "program under contract with the Judicial Department" and replacing
"Office of Adult Probation" with "Court Support Services Division" and amended Subsec. (b) by replacing "Office of
Adult Probation" with "Court Support Services Division".