Sec. 54-56j. Pretrial school violence prevention program.
Sec. 54-56j. Pretrial school violence prevention program. (a) There shall be a
school violence prevention program for students of a public or private secondary school
charged with an offense involving the use or threatened use of physical violence in or
on the real property comprising a public or private elementary or secondary school or
at a school-sponsored activity as defined in subsection (h) of section 10-233a. 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, 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 an offense
involving the threatened use of physical violence in or on the real property comprising
a public or private elementary or secondary school or at a school-sponsored activity as
defined in subsection (h) of section 10-233a, 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 such an offense.
(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 (a) of this section. As
a condition of eligibility for participation in such program, the student and the parents
or guardian of such student shall certify under penalty of false statement that, to the best
of such person's knowledge and belief, such person does not possess any firearms,
dangerous weapons, controlled substances or other property or materials the possession
of which is prohibited by law or in violation of the law. Upon confirmation of eligibility,
the defendant shall be referred to the Office of Alternative Sanctions for evaluation and
placement in an appropriate school violence prevention program for one year.
(c) Any person who enters the program shall agree: (1) To the tolling of the statute
of limitations with respect to such crime, (2) to a waiver of the right to a speedy trial,
(3) to participate in a school violence prevention program offered by a provider under
contract with the Office of Alternative Sanctions pursuant to subsection (g) of this section, and (4) to successfully complete the assigned program. If the Bail Commission
informs the court that the defendant is ineligible for the 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, 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.
(d) The Office of Alternative Sanctions shall monitor the defendant's participation
in the assigned program and the defendant's compliance with the orders of the court
including, but not limited to, maintaining contact with the student and officials of the
student's school.
(e) If such defendant satisfactorily completes the assigned program and one year
has elapsed since the defendant was placed in the program, such defendant may apply
for dismissal of the charges against such defendant and the court, on reviewing the
record of such defendant's participation in such program submitted by the Office of
Alternative Sanctions and on finding such satisfactory completion, shall dismiss the
charges. If the defendant does not apply for dismissal of the charges against the defendant
after satisfactorily completing the assigned program and one year has elapsed since
the defendant was placed in the program, the court, upon receipt of the record of the
defendant's participation in such program submitted by the Office of Alternative Sanctions, may on its own motion make a finding of such satisfactory completion and dismiss
the charges.
(f) The cost of participation in such program shall be paid by the parent or guardian
of such student, except that no student shall be excluded from such program for inability
to pay such cost provided (1) the parent or guardian of such student files with the court
an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
(g) The Office of Alternative Sanctions shall contract with service providers, develop standards and oversee appropriate school violence prevention programs to meet
the requirements of this section.
(h) The school violence prevention program shall consist of at least eight group
counseling sessions in anger management and nonviolent conflict resolution.
(P.A. 99-259, S. 2, 3.)
History: P.A. 99-259 effective January 1, 2000.
See Sec. 46b-133e re school violence prevention program for children under sixteen years of age.