(a) The provisions of this section shall not apply to any person charged with a violation of § 14-227a, 14-227g or 14-227m, subdivision (1) or (2) of subsection (a) of § 14-227n or § 53a-56b or 53a-60d or with a class A, B or C felony or to any person who was twice previously ordered treated under this section, subsection (i) of § 17-155y, § 19a-386 or § 21a-284 of the general statutes revised to 1989, or any combination thereof. The court may waive the ineligibility provisions of this subsection for any person, except that the court shall not waive the ineligibility provisions of this subsection for any person charged with a violation of § 14-227a, 14-227g, 53a-56b or 53a-60d if, at the time of the offense, such person was operating a commercial vehicle, as defined in § 14-1, or held a commercial driver’s license or a commercial driver’s instruction permit.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

(b) The court may order suspension of prosecution and order treatment for alcohol or drug dependency as provided in this section and sections 17a-697 and 17a-698 if it, after considering information before it concerning the alcohol or drug dependency of the person, including the examination report made pursuant to the provisions of § 17a-694, finds that (1) the accused person was an alcohol-dependent or drug-dependent person at the time of the crime, (2) the person presently needs and is likely to benefit from treatment for the dependency, and (3) suspension of prosecution will advance the interests of justice. Treatment may begin no earlier than the date the clinical examiner reports under the provisions of § 17a-694 that space is available in a treatment program. Upon application by any such person for participation in a treatment program, the court shall, but only as to the public, order the court file sealed.

(c) A suspension of prosecution ordered under the provisions of subsection (b) of this section may be for a period not exceeding two years. During the period of suspension, an accused person shall be placed under the supervision of the Court Support Services Division for treatment for alcohol or drug dependency. The court or the Court Support Services Division may require that the person (1) comply with any of the conditions specified in subsections (a) and (b) of § 53a-30, and (2) be tested for use of alcohol or drugs during the period of suspension. The accused person shall, unless indigent, pay the cost of treatment ordered under this section.

(d) If prosecution is suspended under the provisions of subsection (b) of this section, (1) the statute of limitations applicable to the crime charged shall be tolled during the period of suspension, and (2) the accused person shall be deemed to have waived such accused person’s right to a speedy trial for the crime charged.

(e) The court shall not suspend prosecution under subsection (b) of this section unless (1) the accused person has acknowledged that he or she understands the consequences of the suspension of prosecution, (2) the accused person has given notice, by registered or certified mail on a form prescribed by the Chief Court Administrator, to the victim, if any, of the crime of which the person is accused and of the pending motion for suspension of prosecution, (3) such victim, if any, has been given an opportunity to be heard on the motion for suspension of prosecution, and (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars.

(f) If the prosecution is suspended, the person shall be released on a written promise to appear or on a bond and any other bond posted in any criminal proceeding concerning such person shall be terminated.

(g) If the court denies the motion for suspension of prosecution, the state’s attorney may proceed with prosecution of the crime.

(h) A person shall be deemed to be indigent for the purposes of this section if the court determines the person (1) has an estate insufficient to provide for the person’s support or there is no other person legally liable or able to support the person, or (2) the person has been determined indigent and eligible for representation by a public defender who has been appointed on behalf of such person pursuant to § 51-296. The court shall not require a person to perform community service in lieu of payment of any cost or fee, if a cost or fee is waived due to indigency.