Sec. 17a-698. (Formerly Sec. 19a-127g). Modification or termination of suspension of prosecution prior to completion of treatment program. - Connecticut Statutes

      Sec. 17a-698. (Formerly Sec. 19a-127g). Modification or termination of suspension of prosecution prior to completion of treatment program. (a) The court shall conduct a hearing to determine whether the conditions of the suspension of prosecution should be modified or the suspension terminated, if the Court Support Services Division, after receipt of a report from the director of the treatment program, notifies the clerk of the court that a person treated pursuant to section 17a-696 (1) has committed a violent act against another person at the treatment program facility or a violent act that damages property at the treatment program facility, (2) has threatened to commit such a violent act, (3) has committed a serious violation of rules of the treatment program, (4) has repeatedly committed violations of program rules that inhibit the person's ability to function in the program, (5) has continually refused to participate in the program, (6) has asked to be removed from the program, or (7) is unable to participate in the treatment program because of a medical or psychosocial condition which is not appropriately treated by the program operated by the facility. The director of the treatment program shall have the burden of establishing facts to support his report. If the court terminates the suspension, the state's attorney may proceed with prosecution of the crime.

      (b) If a person being treated has not complied with conditions set pursuant to subsection (c) of section 17a-696, the Court Support Services Division shall notify the clerk of the court. The court may terminate the suspension of prosecution and the state's attorney may proceed with prosecution of the crime if the court, after a hearing, finds the person has not complied with such conditions.

      (c) A person who has not completed treatment may not be discharged sooner than four days after the Court Support Services Division is notified of the proposed discharge, except that if immediate discharge from treatment is necessary to protect the health or safety of persons in the program or staff of the program, the person may be discharged less than four days after notification with the agreement of the Court Support Services Division.

      (P.A. 89-390, S. 8, 37; P.A. 02-132, S. 7.)

      History: Sec. 17a-655 transferred to Sec. 19a-127g in 1995; Sec. 19a-127g transferred to Sec. 17a-698 in 1997; P.A. 02-132 replaced "Office of Adult Probation" with "Court Support Services Division" throughout and made a technical change in Subsec. (a).

      Annotations to former section 17a-655:

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

      Cited. 27 CA 225.