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Sec. 17a-697. (Formerly Sec. 19a-127f). Completion of treatment program. Dismissal of charges.

      Sec. 17a-697. (Formerly Sec. 19a-127f). Completion of treatment program. Dismissal of charges. (a) The director of the treatment program shall discharge from treatment any person being treated pursuant to the provisions of section 17a-696 who completes the treatment program. The director of the program shall notify the Court Support Services Division of his intent to discharge such person at least seven days before the date the person is to be discharged.

      (b) At any time before the end of the period of suspension of prosecution, the Court Support Services Division may recommend to the court that the charge be dismissed if the person has (1) completed the treatment program, (2) complied with all conditions set under subsection (c) of section 17a-696, and (3) abstained from the use of alcohol for one year if such person was alcohol dependent or abstained from the unlawful use of drugs for one year if such person was drug dependent.

      (c) Not later than one month before the end of the period of suspension of prosecution, the Court Support Services Division shall notify the court of the impending conclusion of the suspension and submit a report on whether the person has completed the treatment program and has complied with all conditions set under subsection (c) of section 17a-696 and on whether the Court Support Services Division recommends dismissal of the charge.

      (d) If the court, on motion by the person discharged from treatment, or on its own motion, finds that the person (1) is responding favorably to treatment at the expiration of the period of suspension of prosecution or has completed the treatment program, and (2) has complied with all other conditions of suspension, it may dismiss the charge for which prosecution had been suspended under the provisions of section 17a-696. If the court denies the motion and terminates the suspension of prosecution, the state's attorney may proceed with prosecution of the crime.

      (P.A. 89-390, S. 7, 37; P.A. 02-132, S. 6.)

      History: Sec. 17a-654 transferred to Sec. 19a-127f in 1995; Sec. 19a-127f transferred to Sec. 17a-697 in 1997; P.A. 02-132 replaced "office of adult probation" and "office" with "Court Support Services Division" in Subsecs. (a), (b) and (c) and made technical changes in Subsecs. (b) and (d).

      Annotations to former section 17a-654:

      Cited. 223 C. 907. P.A. 89-390 cited. Id. Cited. 226 C. 191.

      Cited. 27 CA 225.

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