COURT CREATED PROGRAMS In addition to the above-mentioned ways of resolving your case there are a wide variety of pretrial diversionary programs that have been created for people charged with a crime in Connecticut State Court. Most of these pretrial diversionary programs have been enacted with the understanding that sometimes people make mistakes in life and are not career criminals. These pretrial diversionary programs allow people a second chance at avoiding a criminal record. However, these programs are not given away. The court must be convinced that an individual deserves the opportunity of a program to get a second chance in life. It takes the skill of an experienced and seasoned criminal defense attorney to direct you to the best program for you, advise you of the ramifications of using that program and convince the court that you are deserving of it. The following is a list of pretrial diversionary programs for the state of Connecticut along with the corresponding statute number: 1. Accelerated Pretrial Rehabilitation - §54-56 Benefit of program: The court may place the applicant on a period of unsupervised probation for up to two years. The court may also order special conditions of probation such as community service and/or restitution. If the applicant successfully completes the court ordered probationary conditions and is not convicted of a crime during the probationary period, the case is dismissed and the court records erased pursuant to §54-142a. If the defendant fails to complete the probationary period, the case is restored to the active docket. Eligibility criteria: The applicant may apply if he or she has no prior criminal convictions, has not been previously adjudicated youthful offender, has not previously used A/R, the crime charged is not of a serious nature (not eligible if Class A or B felony and good cause must be shown for a Class C felony). The applicant is not eligible if the crime or motor vehicle violation causes death, if applicant is charged with family violence crime, or if the applicant is charged with possession of marijuana, narcotics or drug paraphenalia and is eligible for the pretrial drug education program established under Connecticut General Statute §54-56I or has previously had that program. The court must make a finding that the applicant is unlikely to offend again. The application fee is $35.00 and the program fee is $100.00.
2. Youthful Offender - §54-76 Benefit of program If the court determines the defendant to be eligible the case is sealed to the public. After the defendant has been discharged from the supervision of the court, all police and court records pertaining to the youthful offender status are automatically erased at age 21, provided the defendant has not been convicted of a subsequent felony prior to attaining age 21. If the court determines the applicant to be eligible, the defendant enters a plea to a substitute information charging the defendant with being a youthful offender. If not guilty enters, the defendant is tried to the court. If defendant enters a plea of guilty, the underlying information is null and void. The court can impose penalties up to the legal limits permitted under the Penal Code for the underlying charges. Adjudication of youthful offender is not deemed a conviction. The court file is sealed and underlying records only available to law enforcement agencies, probation and the victim. Eligibility criteria Applicant must be between the ages of 16 to 18 years old when the crime was allegedly committed and have no prior record. The applicant must not have used Accelerated Pretrial Rehabilitation. The court considers the severity of the crime and whether the defendant took advantage of the victim due to the victim's age or physical incapacity. The results of an eligibility investigation by the probation department including a physical and mental examination of the applicant, if necessary. No prior criminal record 3. Pretrial Alcohol Education Program - §54-56g Benefit of program First time violators of alcohol related motor vehicle offenses are eligible for this program. If accepted, the court will require the applicant to attend at least ten alcohol counseling sessions run by the bail commissioner's office. The applicant must also agree to placement in a treatment program if recommended. The applicant cannot be convicted of a subsequent DWI during the one year probationary period. If after a one year period, the applicant successfully completes the counseling classes, the defendant may then move for a dismissal of the DWI charge. The erasure statute then applies. If the defendant fails to complete the program, the case is restored to the active docket. Please be aware the AEP program does not satisfy the Department of Motor Vehicles requirements under the Administrative Per Se Law (§14-227b). Eligibility criteria The applicant has been charged with a violation of §14-227a (driving under the influence of drugs or alcohol). The applicant has not used the alcohol education program in the past. Defendant has not in the past been convicted of crimes of manslaughter with a motor vehicle while intoxicated, assault with a motor vehicle while intoxicated, nor driving while intoxicated. Unless good cause is shown, an applicant shall be ineligible for participation in the alcohol education program if his DWI violation causes serious physical injury to another person. The application fee is $50.00 and the program fee is $425.00. 4. Pretrial Family Violence Education Program - §46b-38c Benefit of program If accepted, the applicant is released to the custody of the family violence intervention unit for a period not to extend two years. The applicant must complete the family violence education program which consists of approximately six classes. The court, upon a finding of satisfactory compliance, shall dismiss the charges. Upon dismissal the erasure statute takes effect. Eligibility criteria When an applicant has been charged with a family violence crime, he or she may move to be admitted to the Pretrial family violence program if the applicant has not been previously convicted of a family violence crime, has not previously used the family violence education program; has not previously used accelerated rehabilitation for a family violence crime. If the applicant is charged with a serious felony good cause must be shown. The program fee is $200.00 5. Alternative Incarceration Program - §53a-39a Benefit of program The benefit of this program is that the applicant may be placed in the alternative incarceration program in lieu of serving jail time. The alternative incarceration program usually includes an intensive probation program including community service hours, employment, psychiatric and psychological evaluation, drug and alcohol dependency treatment, and counseling. This program is run by the office of Adult Probation. The program may be residential, such as the Connecticut Restitution Center. Eligibility criteria If the applicant is convicted of a misdemeanor or felony, that does not require a mandatory minimum period of incarceration upon application and assessment by the office of adult probation the court may recommend placement in an alternative incarceration program in lieu of incarceration. There is no program fee.
6. Mediation/Family Relations Office - §54-56m Benefit of program The prosecution or the court may refer any criminal matter to the mediation or family relations program. Mediation is defined as a process where two or more persons to a dispute agree to meet with an impartial third party to work towards resolution of the dispute in a manner satisfactory to all parties. The family relations office works much like the mediation office in that family relations officers attempt to reconcile differences between family members or neighbors. If the mediation or family relations referral is successful in that the dispute is resolved, the prosecutor will enter a nolle, or suspension of prosecution, upon the recommendation of the mediation officer or family relations officer. The prosecution is then terminated and the defendant is released from custody. Eligibility criteria The court may, in its discretion, refer a criminal prosecution to mediation or family relations for resolution. The cases that are most successful for this type of referral are usually misdemeanors or crimes involving family members or neighbors. There is no program fee. 7. Suspension of Prosecution for Alcohol or Drug Dependency - §17a-696 Benefit of program The court may suspend the prosecution for up to a two year period. If after the applicant is discharged from the treatment program and the court finds that the applicant is responding favorably to treatment at the expiration of the period of suspension of prosecution or has completed the treatment program and has complied with all other conditions of suspension, the court may dismiss the charges for which the prosecution has been suspended. Eligibility criteria If, after examination, the court finds that the accused was an alcohol or drug dependent person at the time of the crime, the person presently needs and is likely to benefit from treatment for the dependency, the applicant provides notice to the victim, suspension of prosecution will advance the interest of justice, the applicant is not charged with DWI or assault with a motor vehicle while intoxicated, or a Class A, B or C felony, and the applicant has not been previously ordered treated under this statute, the court may then order suspension of the prosecution for a period of up to two years for the applicant to obtain alcohol or drug dependency treatment. The application and program fee is $25 and the court will order the applicant to pay for the cost of treatment. 8. Community Service Labor Program §53a-39c Benefit of program If the applicant is charged with illegal possession of narcotics under Connecticut General Statute §21a-279, or possession of drug paraphernalia (§21a-267) the defendant will be required to perform a minimum of fourteen days of community service on the first offense and thirty days for the second offense requiring a plea of guilty and conviction. Applicants are also required to attend at least six drug education classes. After successful completion of the community service participation the defendant shall have the charges dismissed. Eligibility criteria The applicant is charged with illegal possession of narcotics under Connecticut General Statute §21a-279, or possession of drug paraphernalia (§21a-267)and the applicant has not previously been convicted for possession of narcotics, possession of drug paraphernalia or possession of narcotics with intent to distribute. There is no program fee.
9. Pretrial Drug Education Program §54-56i
As an attempt to assist our clients and the public we have compiled an interactive area on our web site that lists CONNECITUCT STATE STATUTES AND THEIR PENALTIES, AS WELL AS PROGRAMS AVAILABLE.
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