Sec. 14-227f. Alcohol and drug addiction treatment program. Waiver. Appeal. Regulations. - Connecticut Statutes

      Sec. 14-227f. Alcohol and drug addiction treatment program. Waiver. Appeal. Regulations. (a) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a for a conviction of a violation of subsection (a) of said section or under section 14-227b for a second or subsequent time shall participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles. The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such person until such person submits evidence to the commissioner that such person has satisfactorily completed the treatment program. Any person whose certificate is suspended or revoked pursuant to section 15-133, 15-140l or 15-140n shall participate in such treatment program.

      (b) The treatment program shall be designed by the commissioner, with the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by him, provided the entire costs of the program shall be paid from fees charged to the participants, the amounts of which shall be subject to the approval of the commissioner.

      (c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may, within thirty days, petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substantial treatment program for alcohol or drug addiction, or has completed such a program subsequent to his most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician based upon a personal examination, have a current addiction problem which affects his ability to operate a motor vehicle in a safe manner or pose a significant risk of having such a problem in the foreseeable future. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54.

      (d) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section.

      (P.A. 95-314, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 112; P.A. 03-244, S. 10; 03-265, S. 12, 21.)

      History: May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to make a technical change, effective July 1, 2002; P.A. 03-244 amended Subsec. (a) to provide for participation by persons convicted of Sec. 15-133, 15-140l or 15-140n and to make a technical change (Revisor's note: In Subsec. (a) an apparent clerical error which resulted in the appearance of a reference to "subsection (h) of section 14-227a" was corrected editorially by the Revisors to read "subsection (g) of section 14-227a", and also in Subsec. (a), "sections 15-133, 15-140l or 15-140n" was changed editorially by the Revisors to "section 15-133, 15-140l or 15-140n" for proper form); P.A. 03-265 amended Subsec. (a) to change requirement for participation in treatment program to include person whose operator's license is suspended for first conviction of violation of Sec. 14-227a(a) and to add requirement that drug treatment program include assessment of degree of alcohol abuse and treatment, as appropriate.