State Codes and Statutes

Statutes > Connecticut > Title53a > Chap952 > Sec53a-39d

      Sec. 53a-39d. Pilot zero-tolerance drug supervision program. (a) Not later than October 1, 1998, the Chief Court Administrator shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to (1) individuals who are eligible to be sentenced by the court to a period of probation, pursuant to section 53a-29, and have been ordered by the court, as a condition of such probation, to participate in the program, (2) individuals who are eligible to be released on bail under section 54-63d or 54-64a and have been required by the bail commissioner or the court, as a condition of release, to participate in the program, (3) individuals who have been sentenced to a period of probation and, in the judgment of their probation officers, have violated the conditions of such probation and been referred to the program by their probation officers pursuant to subsection (a) of section 53a-32, and (4) individuals who have been ordered by the court, as a condition of probation, to participate in the program pursuant to subsection (d) of section 54-56e or subsection (b) of section 54-76j and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Chief Court Administrator.

      (b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, (3) comply with all rules established by the halfway house if detained in such facility, and (4) waive the right to a hearing.

      (c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant shall be detained in a halfway house facility for a period of two days.

      (d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Judicial Department shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant shall be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

      (e) A participant enrolled in the zero-tolerance drug supervision program as a condition of probation may be charged with a violation of probation, if the participant's probation officer determines that the participant has violated the conditions of probation or the conditions of the program. A participant enrolled in the zero-tolerance drug supervision program as a condition of release may be charged with a violation of the conditions of such person's release, if a bail commissioner determines that the participant has violated the conditions of such person's release or the conditions of the program.

      (P.A. 98-145, S. 3, 4; P.A. 99-187, S. 3; P.A. 02-89, S. 83.)

      History: P.A. 99-187 amended Subsec. (a) to expand eligibility for the program by adding Subdiv. (2) to include individuals eligible to be released on bail who have been required as a condition of release to participate in the program, adding Subdiv. (3) to include individuals sentenced to a period of probation who have violated the conditions of probation and been referred to the program by their probation officers, and adding Subdiv. (4) to include individuals ordered by the court to participate in the program as a condition of probation under the accelerated rehabilitation or youthful offender programs, and amended Subsec. (e) to make existing provisions applicable to a participant enrolled in the program "as a condition of probation" and add provision that a participant enrolled in the program as a condition of release may be charged with violation of the conditions of such person's release if a bail commissioner determines there has been a violation of the conditions of release or conditions of the program; P.A. 02-89 deleted as obsolete Subsec. (f) requiring the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator to submit a report on the program to the committee of the General Assembly having cognizance of matters relating to criminal justice not later than January 1, 2000.

      See Secs. 18-100e and 54-125f re pilot zero-tolerance drug supervision program established by Commissioner of Correction and chairman of Board of Pardons and Paroles, respectively.