Sec. 54-56l. Pretrial supervised diversionary program for persons with psychiatric disabilities.
Sec. 54-56l. Pretrial supervised diversionary program for persons with psychiatric disabilities. (a) There shall be a supervised diversionary program for persons
with psychiatric disabilities 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. For the purposes of this section, "psychiatric disability" means a mental or emotional condition, other than solely substance
abuse, that (1) has substantial adverse effects on the defendant's ability to function, and
(2) requires care and treatment.
(b) A person shall be ineligible for participation in such supervised diversionary
program if such person (1) is ineligible to participate in the pretrial program for accelerated rehabilitation under subsection (c) of section 54-56e, or (2) has twice previously
participated in such supervised diversionary program.
(c) 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 not had such
program invoked in such person's behalf more than once. Court personnel shall provide
notice, on a form approved by rule of court, to any victim of such crime or motor vehicle
violation, by registered or certified mail, that such person has applied for the program
and that such victim has an opportunity to be heard by the court on the matter.
(d) The court shall refer such person to the Court Support Services Division for
confirmation of eligibility and assessment of the person's mental health condition. The
prosecuting attorney shall provide the division with a copy of the police report in the
case to assist the division in its assessment. The division shall determine if the person
is amenable to treatment and if appropriate services and treatment are available. If the
division determines that the person is amenable to treatment and that appropriate services
and treatment are available, it shall develop a treatment plan tailored to the person and
shall present it to the court.
(e) Upon confirmation of eligibility and consideration of the treatment plan presented by the Court Support Services Division, the court may grant such application. If
the court grants the application, such person shall be referred to the division. The division
shall collaborate with the Department of Mental Health and Addiction Services to place
such person in a program that provides appropriate community supervision, treatment
and services. The person shall be subject to the supervision of a probation officer who
has a reduced caseload and specialized training in working with persons with psychiatric
disabilities.
(f) The Court Support Services Division shall establish policy and procedures to
require division employees to notify any victim of the person admitted to the program
of any conditions ordered by the court that directly affect the victim and of such person's
scheduled court appearances with respect to the case.
(g) Any person who enters the program shall agree: (1) To the tolling of the statute
of limitations with respect to such crime or violation; (2) to a waiver of such person's
right to a speedy trial; and (3) to any conditions that may be established by the division
concerning participation in the supervised diversionary program including conditions
concerning participation in meetings or sessions of the program.
(h) 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
division certifies to the court that such person 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 person and immediately place the case on the trial list.
(i) 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. Except as provided in subsection (j) of this section, 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 person who has completed such
person's period of probation or supervision or terminating the participation of a person
in such program shall be a final judgment for purposes of appeal.
(j) The Court Support Services Division shall develop and maintain a database of
information concerning persons admitted to the supervised diversionary program that
shall be available to the state police and organized local police departments for use
by sworn police officers when responding to incidents involving such persons. Such
information shall include the person's name, date of birth, Social Security number,
the violation or violations with which the person was charged, the dates of program
participation and whether a deadly weapon or dangerous instrument was involved in
the violation or violations for which the program was granted. The division shall enter
such information in the database upon such person's entry into the program, update such
information as necessary and retain such information for a period of five years after the
date of such person's entry into the program.
(k) The Court Support Services Division, in collaboration with the Department of
Mental Health and Addiction Services, shall develop standards and oversee appropriate
treatment programs to meet the requirements of this section and may contract with
service providers to provide such programs.
(l) The Court Support Services Division shall retain the police report provided to
it by the prosecuting attorney and the record of supervision including the dates of supervision and shall provide such information to the court, prosecuting attorney and defense
counsel whenever a court is considering whether to grant an application by such person
for participation in the supervised diversionary program for a second time.
(Jan. Sp. Sess. P.A. 08-1, S. 41.)